SHELBY MUT. INS. CO. v. DILHR

No. 82-245.

109 Wis.2d 655 (1982)

327 N.W.2d 178

SHELBY MUTUAL INSURANCE COMPANY and Village of West Milwaukee, Plaintiffs-Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS of the State of Wisconsin, William Mosser and Iowa Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 22, 1982.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Kasdorf, Dall, Lewis & Swietlik, S.C., and Terrence R. Berres, of counsel, of Milwaukee.

For the respondent Department of Industry, Labor and Human Relations the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Beatrice Lampert, assistant attorney general. For the respondent William Mosser, the cause was submitted on the brief of Robert H. Zilske and Jeffrey S. Fertl of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee. For the respondent Iowa National Mutual Insurance Company the cause was submitted on the brief of Walter D. Thurow of Wightman, Thurow, Sauthoff & Alexander, of Madison.

Before Decker, C.J., Moser, P.J., and Wedemeyer, J.


DECKER, C.J.

Shelby Mutual Insurance Company and the Village of West Milwaukee appeal from a judgment affirming an order of the Labor and Industry Review Commission (commission). The central issue on appeal is whether the trial court erred in affirming the commission's determination that repeated employment-related back injuries constituted an occupational disease so that a back injury sustained while the employe was at home on vacation became compensable under worker...

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