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JICHA v. STATE

No. 91-0238.

164 Wis.2d 94 (1991)

473 N.W.2d 578

Ralph JICHA, Petitioner-Respondent, v. STATE of Wisconsin, Department of Industry, Labor and Human Relations, Equal Rights Division, Respondents-Co-Appellants, FORT HOWARD CORPORATION, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided July 23, 1991.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Thomas E. Obenberger and Scott C. Beightol, Michael, Best & Friedrich, of Milwaukee.

On behalf of the respondents-co-appellants, the cause was submitted on the briefs of James E. Doyle, attorney general, and Richard Briles Moriarty, assistant attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Lise Lotte Gammeltoft, Zuidmulder, Appel & Gammeltoft, S.C., of Green Bay.

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

MYSE, J.

The Department of Industry, Labor and Human Relations and Fort Howard Corporation appeal a judgment reversing an administrative law judge's (ALJ) determination that Ralph Jicha did not file his complaint alleging a violation of the Wisconsin Family and Medical Leave Act (FMLA) within the statutory thirty-day period. The trial court ruled that because there was a disputed issue of fact as to when Fort Howard learned of Jicha's claimed serious health condition...

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