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CHAPPY v. LIRC

No. 84-2320.

128 Wis.2d 318 (1985)

381 N.W.2d 552

Peter CHAPPY d/b/a Chappy Electric Company and Bituminous Insurance Companies, Plaintiffs-Appellants. v. LABOR & INDUSTRY REVIEW COMMISSION, Department of Industry, Labor & Human Relation of the State of Wisconsin and Louise Chappy, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 26, 1985.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, briefs were filed by M. Christin Cowles of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee Oral argument by Robert Zilske.

For the defendants-respondents, a brief was filed by Bronson C. La Follette, attorney general, and Gordon Samuelsen, assistant attorney general. Oral argument by Gordon Samuelsen.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Peter Chappy and Bituminous Insurance Companies (Bituminous) appeal from a judgment of the circuit court affirming a decision by the Labor and Industry Review Commission (LIRC) determining the rate at which Louise Chappy was to receive temporary total disability (TTD) benefits under the Worker's Compensation Act.

Bituminous argues that LIRC improperly applied the relevant statute retroactively and that the retroactive application unconstitutionally...

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