MOORE v. LIRC

No. 92-2127.

175 Wis.2d 561 (1993)

John MOORE, Jr., Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and American Family Insurance Company, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided March 30, 1993.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of John Moore, Jr., (pro se) of Madison.

On behalf of the respondent, American Family Mutual Insurance Company, the cause was submitted on the brief of Jeffrey J. Kassel, Teresa M. Elguezabal of LaFollette & Sinykin of Madison.

On behalf of the respondent, Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

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


Decided March 30, 1993. 499 N.W.2d 289.

CANE P.J.

John Moore appeals a circuit court order dismissing his petition for review of the Labor and Industry Review Commission's order. The commission's order affirmed the administrative law judge's (ALJ) dismissal of Moore's complaint on res judicata grounds. Because we adopt the same standard applied by the federal courts when determining whether Moore was an "employee" of American Family Mutual Insurance Company...

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