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NORTH AMERICAN MECHANICAL v. LIRC

No. 89-1677.

157 Wis.2d 801 (1990)

460 N.W.2d 835

NORTH AMERICAN MECHANICAL, INC., Plaintiff-Respondent-Cross Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Co-Appellant-Cross Respondent, Craig A. HALVERSON, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided August 30, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Robert A. Kay of Madison.

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

For the plaintiff-respondent-cross appellant the cause was submitted on the briefs of Jeffrey W. Younger and Paul W. Schwarzenbart of Lee, Kilkelly, Paulson & Kabaker, S.C. of Madison.

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

DYKMAN, J.

Craig Halverson and the Labor and Industry Review Commission (LIRC) appeal and North American Mechanical, Inc. (North American) cross appeals a judgment of the circuit court remanding the case to LIRC with instructions. The issue is what showing a worker's compensation claimant must make in order to prove "bad faith" on the part of an insurer or employer for an unreasonable delay in payment of benefits under...

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