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JOHNSON v. LIRC

No. 95-2346.

200 Wis.2d 715 (1996)

547 N.W.2d 783

James E. JOHNSON, Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 5, 1996.

Attorney(s) appearing for the Case

On behalf of petitioner-appellant, the cause was submitted on the briefs of Joseph J. Roby, Jr., and Sally L. Tarnowski of Johnson, Killen, Thibodeau & Seiler, P.A. of Duluth, MN.

On behalf of respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

James Johnson appeals a judgment affirming the Labor and Industry Review Commission's dismissal of Johnson's age discrimination suit against the City of Superior Fire Department (SFD). LIRC held Johnson's complaint failed to state a claim because § 111.33(2)(f), STATS., permits an employer to exercise an age distinction with respect to certain employment in which the employee is exposed to physical danger or hazard, including fire fighting.

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