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LEIST v. LIRC

No. 92-2939-FT.

183 Wis.2d 450 (1994)

515 N.W.2d 268

Glenn A. LEIST, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Wisconsin Department of Employee Trust Funds and City of Marinette, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided May 12, 1994.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were combined briefs by Jennifer Sloan Lattis, assistant attorney general, James E. Doyle, attorney general and Bruce B. Deadman and Everson, Whitney, Everson & Brehm, S.C. and oral argument by Jennifer S. Lattis, assistant attorney general and Bruce B. Deadman.

For the plaintiff-appellant there was a brief by Keary W. Bilka and Dewane, Dewane, Kummer & Lambert, Manitowoc and oral argument by Patrick A. Dewane, Jr.

WILLIAM A. BABLITCH, J.

The issue on review is whether there is sufficient evidence in the record to sustain the Labor and Industry Review Commission's (LIRC) denial of disability benefits to Glenn Leist (Leist). Leist claims that the evidence he presented at the hearing before the Administrative Law Judge (ALJ), which included his own testimony and the expert medical opinion of his surgeon, was uncontroverted and established that his herniated disc was caused by...

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