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RUGG v. LIRC

No. 86-0677.

135 Wis.2d 444 (1986)

400 N.W.2d 499

Richard C. RUGG, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Department of Employe Trust Funds, Defendants-Respondents, CITY OF KENOSHA, Defendant.

Court of Appeals of Wisconsin.

Decided December 10, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Bruce F. Ehlke of Lawton & Cates, of Madison.

For the defendants-respondents, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Warren M. Schmidt, assistant attorney general.

Before Brown, P.J., Nettesheim and Moser, JJ.

BROWN, P.J.

Former Kenosha firefighter Richard C. Rugg appeals from a circuit court judgment which confirmed the Labor and Industry Review Commission's holding that Rugg is not eligible for special disability benefits pursuant to sec. 40.65, Stats. Because we agree that Rugg is not a "participating employe" under the relevant statutes, we affirm the judgment.

The following facts are undisputed. Rugg was a firefighter...

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