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BIRES v. CITY OF MAUSTON

No. 88-1641.

151 Wis.2d 892 (1989)

447 N.W.2d 100

Gregory S. BIRES, Plaintiff-Appellant, v. CITY OF MAUSTON, City of Mauston Fire Department, and Heritage Insurance Company, Defendants-Respondents, Richard HALE, John Does I through X inclusive, and Mauston Plumbing & Heating, Defendants.

Court of Appeals of Wisconsin.

Decided August 24, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs by Daniel Berkos of Berkos Law Office, of Mauston.

On behalf of the defendants-respondents (City of Mauston and City of Mauston Fire Department), there were briefs by Barrette J. Corneille and Jean M. Wiencek of Bell, Metzner, Gierhart & Moore, S.C., of Madison.

On behalf of the defendant-respondent Heritage Mutual Insurance Company, there was a brief by James W. Mohr, Jr., of Hartford.

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

EICH, C.J.

Gregory Bires appeals from a judgment dismissing his personal injury action against the City of Mauston Fire Department and several of its officers and employees. The trial court dismissed the action on grounds that workers compensation is the exclusive remedy for his injuries.

We see the issue as whether sec. 102.16(1), Stats., which provides that "[a]ny controversy concerning compensation ... shall be submitted to the department," requires decisions...

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