RUFF v. LIRC

No. 89-2238.

159 Wis.2d 239 (1990)

464 N.W.2d 56

David E. RUFF, Plaintiff-Appellant-Cross Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Respondent-Cross Appellant, AUTO-OWNERS INSURANCE CO., and The Fess Hotel, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 15, 1990.


Attorney(s) appearing for the Case

For the plaintiff-appellant-cross respondent the cause was submitted on the briefs of Jeff Scott Olson of Julian, Olson & Lasker, S.C. of Madison.

For the defendant-respondent-cross-appellant the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Lowell E. Nass, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.


EICH, C.J.

David Ruff appeals from a judgment affirming in part a decision of the Labor and Industry Review Commission. The issue is whether "actual wage loss" within the meaning of sec. 102.44(6)(a), Stats.,1 includes only wage loss sustained at the employment where an injury occurs or whether the term also encompasses wages lost in a second job. We conclude that the statute reaches only the...

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