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HILL v. LIRC

No. 92-3275.

184 Wis.2d 101 (1994)

516 N.W.2d 441

Ronald HILL, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, and Marten Transport, Ltd., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 14, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Sally A. Hestad of Action Law, S.C. of Madison.

For the defendant-respondent, Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general, and Richard Briles Moriarty, assistant attorney general.

For the defendant-respondent, Marten Transport, Ltd., the cause was submitted on the brief of Christopher D. Walther of Christopher D. Walther & Associates, S.C. of Milwaukee.

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

DYKMAN, J.

Ronald Hill appeals from an order affirming the Labor and Industry Review Commission's (LIRC) dismissal of his § 102.35(3), STATS., claim against Marten Transport, Ltd. for wrongful refusal to rehire.1 The issues are: (1) whether LIRC incorrectly interpreted § 102.35(3) by requiring Hill to show that he had communicated to Marten an interest in returning to employment in some capacity other than as an over-the-road...

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