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COUTTS v. WISCONSIN RETIREMENT BOARD

Nos. 95-1905, 95-2228.

201 Wis.2d 178 (1996)

547 N.W.2d 821

Ronald W. COUTTS, Petitioner-Appellant, v. WISCONSIN RETIREMENT BOARD, Respondent-Respondent CITY OF RACINE, Respondent. Byron DES JARLAIS, Petitioner-Respondent, v. WISCONSIN RETIREMENT BOARD, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided March 28, 1996.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Bruce F. Ehlke of Shneidman, Myers, Dowling & Blumenfield of Madison.

For the respondent-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Lowell E. Nass, assistant attorney general.

For the plaintiff-respondent the cause was submitted on the brief of Lester A. Pines of Cullen, Weston, Pines & Bach of Madison.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

By order dated February 14, 1996, we consolidated these appeals because the issues presented by the parties are identical. In both cases, the parties have asked us to determine whether under § 40.65(5)(b)3, STATS., the Wisconsin Retirement Board (WRB) may reduce duty disability benefits by worker's compensation benefits which were paid to a participant before the duty disability benefit payments commenced. Section 40.65(5)(b)3 provides that the WRB...

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