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TRANSPORTATION DEPT. v. LIRC

No. 83-1475.

122 Wis.2d 358 (1984)

361 N.W.2d 722

State of WISCONSIN, DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, John W. Davis, Glen C. Dyke, Edward Friede, Duane H. Golliher, Dennis L. Gunderson, Norman Hovey, Matthew Morrell, Richard C. Olson, John F. Rendall, Elton Hubbard, Steven W. Marty, Daniel F. Bauman, Dennis Bruch, Gordon F. Mael, James Zwick, and Kenneth L. Page, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 4, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Barbara Foster Bird, assistant general counsel.

For the respondent Labor and Industry Review Commission the cause was submitted on the brief of Robertamarie Kiley.

For the respondents Edward Friede, Norman Hovey and Kenneth L. Page the cause was submitted on the brief of Kelly, Haus and Katz, William Haus, and John Halla of Madison.

For the respondents the cause was submitted on the brief of Lawton & Cates and Richard V. Graylow of Madison.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

The judgment in this case entitles several employees of the Wisconsin Department of Transportation to unemployment compensation benefits while they were taking compensatory time off, even though they continued to receive their regular salaries and benefits from the state. The circuit court concluded that it had to defer to the Labor & Industry Review Commission's decision to grant the benefits. It noted...

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