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MILWAUKEE COUNTY v. LIRC

No. 95-0541.

205 Wis.2d 255 (1996)

556 N.W.2d 340

MILWAUKEE COUNTY, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Respondent, Elizabeth NEAL, Defendant.

Court of Appeals of Wisconsin.

Decided September 12, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Mark A. Grady, principal assistant corporation counsel, for Office of Milwaukee County Corporation Counsel, with William R. Sachse, Jr., of counsel, of Peterson, Johnson & Murray, S.C., of Milwaukee.

For the defendant-respondent Labor and Industry Review Commission the cause was submitted on the briefs of James E. Doyle, attorney general, with Stephen M. Sobota, assistant attorney general.

For the Wisconsin Association of Trial Lawyers, the cause was submitted on the amicus curiae briefs of Thomas M. Domer of Shneidman, Myers, Dowling & Blumenfield, of Milwaukee.

For Civil Trial Counsel of Wisconsin, Wisconsin Insurance Alliance, and Wisconsin Manufacturers and Commerce, the cause was submitted on the amicus curiae briefs of Joseph P. Danas, Jr., and J. Patrick Condon of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before Fine and Schudson, JJ., and Michael T. Sullivan, Reserve Judge.

SULLIVAN,

Reserve Judge. At issue in this case is whether an employee is required to prove unusual stress in order to receive worker's compensation benefits for a nervous disability that resulted from emotional stress. We conclude that an employee must prove unusual stress in order to receive such benefits and, accordingly, we reverse the circuit court's order affirming a Labor and Industry Review Commission decision, which held otherwise. Further, we remand the matter...

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