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HARNISCHFEGER CORP. v. LIRC

Nos. 93-0947, 93-0948, 93-0949.

184 Wis.2d 227 (1994)

517 N.W.2d 193

HARNISCHFEGER CORPORATION, Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Co-Appellant, Guenther GIESKE, Defendant-Appellant. HARNISCHFEGER CORPORATION, Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Co-Appellant, Edward BOHN, Defendant-Appellant. HARNISCHFEGER CORPORATION, Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Co-Appellant, Emmerich DRAWITSCH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 26, 1994.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Guenther Gieske, Edward Bohn, and Emmerich Drawitsch, the cause was submitted on the briefs of David Weir of Zubrensky, Padden, Katzman and Weir, of Milwaukee. There was oral argument by David L. Weir.

On behalf of the defendant-co-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Richard Briles Moriarty, assistant attorney general. There was oral argument by Richard B. Moriarty.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Thomas M. Rohe of Otjen, Van Ert, Stangle, Lieb & Weir, S.C., of Milwaukee. There was oral argument by Thomas M. Rohe.

Amicus Curiae brief was filed by Michael H. Gillick of Murphy, Gillick, Wicht & Prachthauser, of Milwaukee, for the Wisconsin Academy of Trial Lawyers.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

FINE, J.

This is a consolidated appeal from the trial court's vacatur of orders entered by the Labor and Industry Review Commission in three worker's compensation claims, and its remand to the Commission for further proceedings.

The issue here is whether an employer is liable for all of an employee's compensable hearing loss even though only part of that loss was caused by the employer. The Commission's position is that under § 102.555(8), STATS., the...

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