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RICKABY v. HEALTH & SOCIAL SERVICES DEPARTMENT

No. 79-1908.

98 Wis.2d 456 (1980)

297 N.W.2d 36

Roy RICKABY, Appellant, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent.

Court of Appeals of Wisconsin.

Decided August 5, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Donald A. Hermanson and Wisconsin Judicare, Inc., of Wausau.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Donald P. Johns, assistant attorney general.

Before Donlin, P.J., Foley, J., and Dean, J.

DONLIN, P.J.

Rickaby suffers from cerebral palsy and is certified to receive Medical Assistance benefits. For these reasons, and because no suitable alternative living arrangement is available, Rickaby resides at a skilled nursing facility. In August, 1978, Rickaby requested that the Department of Health and Social Services provide him with an electric wheelchair through the Medical Assistance program. The nursing home also submitted a request on Rickaby's behalf...

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