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WEST BEND CO. v. LIRC

No. 86-2226.

141 Wis.2d 165 (1987)

413 N.W.2d 662

The WEST BEND COMPANY, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, and Shari D. Muckerheide, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 26, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs and oral argument by Alan E. Seneczko, of Krukowski & Costello, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Donald J. Hanaway, attorney general and James P. Altman, assistant attorney general, with oral argument by Mr. Altman.

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

BROWN, P.J.

The West Bend Company appeals from a judgment of the circuit court affirming an order of the Labor and Industry Review Commission (LIRC). LIRC affirmed an award to Shari D. Muckerheide for West Bend's alleged violation of sec. 102.35(3), Stats., which makes it unlawful to refuse to rehire an employee who is injured in the course of employment. The dispositive issue is whether Muckerheide was an "employee" within...

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