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CITY OF ELROY v. LIRC

No. 89-0386.

152 Wis.2d 320 (1989)

448 N.W.2d 438

CITY OF ELROY, and Heritage Mutual Insurance Company, Plaintiffs-Appellants, v. LABOR & INDUSTRY REVIEW COMMISSION, and John E. Sorenson, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 20, 1989.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Clayton R. Hahn and Paul R. Riegel of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Lowell E. Nass, assistant attorney general.

Before Brown, P.J., Scott, J., and Robert J. Parins, Reserve Judge.

BROWN, P.J.

The City of Elroy and Heritage Mutual Insurance Company (the city) appeal from a circuit court judgment affirming the Labor and Industry Review Commission's award of worker's compensation to an injured volunteer firefighter. The city contests the commission's determination that evidence of volunteer firefighters' work histories and earning capacity as civilians prior to injury should not be considered in setting their rates of compensation. We reject the...

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