WANISH v. LIRC

Nos. 90-2818, 91-0560.

163 Wis.2d 901 (1991)

472 N.W.2d 596

James G. WANISH, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Wittenberg-Birnamwood School District, Defendants-Respondents. Carol A. SANDERFOOT, Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant, APPLETON AREA SCHOOL DISTRICT, Defendant.

Court of Appeals of Wisconsin.

Decided June 25, 1991.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ellen J. Henningsen and Kathleen Heiman of Wisconsin Education Association Council of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Ellen J. Henningsen of Wisconsin Education Association Council of Madison.

On behalf of the defendants-respondents and defendant-appellant, the cause was submitted on the briefs of Robert C. Reed of Labor and Industry Review Commission of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

James Wanish and Carol Sanderfoot appeal Labor and Industry Review Commission determinations that they were not eligible for unemployment compensation during school holiday recesses because they were employed immediately preceding and following such recesses. Wanish and Sanderfoot contend that the commission erred by applying sec. 108.04(17)(c), Stats., to their circumstances, contrary to the statute's purpose. Because the statute does not deny unemployment...

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