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DOERING v. LIRC

No. 93-2025.

187 Wis.2d 472 (1994)

523 N.W.2d 142

Kathy J. DOERING, as representative of the Estate of Kurt A. Doering, and Kathy J. Doering, Plaintiffs-Respondents, v. State of Wisconsin LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Co-Appellant, SCHLUETER COMPANY and The Travelers Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 14, 1994.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Daniel J. Kelley of Schoone, Fortune & Leuck, S.C. of Racine.

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.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Michael G. Laskis of Foley & Lardner of Madison and William L. Seymour of Seymour, Kremer, Nommensen & Morrissy of Elkhorn.

Before Anderson, P.J., Brown and Synder, JJ.

SNYDER, J.

Schlueter Company and the Labor and Industry Review Commission (LIRC) appeal from a circuit court judgment reversing LIRC's order denying worker's compensation benefits to the estate of Kurt A. Doering. The court held that Doering's fatal injury, suffered while he was commuting from home to work, was compensable under the Worker's Compensation Act, ch. 102, STATS. Schlueter argues that Doering was not performing services growing out of and incidental to...

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