F. F. MENGEL CO. v. CHECK

No. 88-1342.

147 Wis.2d 666 (1988)

433 N.W.2d 651

F. F. MENGEL COMPANY, Continental Casualty Company, and Sentry Insurance (a mutual company), Plaintiffs-Respondents, v. Raymond L. CHECK, Jr., Labor & Industry Review Commission, and General Casualty Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided November 23, 1988.


Attorney(s) appearing for the Case

For the defendant-appellant Labor and Industry Review Commission, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and James P. Altman, assistant attorney general.

For the defendant-appellant Raymond L. Check, Jr., the cause was submitted on the briefs of James T. Haferman and Glinski, Haferman, Ilten, S.C., of Stevens Point.

For the plaintiff-respondents F. F. Mengel and Sentry Insurance Company, the cause was submitted on the briefs of Thomas W. Bertz and Anderson, Shannon, O'Brien, Rice & Bertz, of Stevens Point.

For the plaintiffs-respondents F. F. Mengel Company and Continental Casualty Company, the cause was submitted on the brief of Keith F. Ellison and Peter L. Hessert and Tinkham, Smith, Bliss, Patterson, Richards & Hessert, of Wausau.

Before Gartzke, P.J., Eich and Sundby, JJ.


EICH, J.

We granted Raymond Check leave to appeal a nonfinal order denying his motion to dismiss F.F. Mengel Company's petition for review of a decision of the Labor & Industry Review Commission (LIRC). The commission and Check moved to dismiss the petition on jurisdictional grounds, arguing that the commission's decision and order remanding the matter to the Department of Industry, Labor and Human Relations for further...

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