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HAMM v. LIRC

No. 98-0051.

223 Wis.2d 183 (1998)

588 N.W.2d 358

Joyce Naomi HAMM, and/or Raymond W. Hamm, Dependent and Personal Representative of the Estate of Joyce Naomi Hamm, Plaintiffs-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION, St. Catherine's Hospital and Employers Insurance of Wausau, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 18, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Walter W. Stern of Union Grove.

On behalf of the defendant-respondent, Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general and Lowell E. Nass, assistant attorney general. On behalf of the defendant-respondent, St. Catherine's Hospital and Employers Insurance of Wausau, the cause was submitted on the brief of John P. Higgins of Law Offices of Stilp and Cotton of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Section 102.32(6), STATS., authorizes the Department of Industry, Labor and Job Development to approve a lump sum advance payment of unaccrued permanent disability worker's compensation benefits that otherwise would be paid on a monthly basis. However, when such advanced payments are approved, the employer or the employer's insurer is entitled to an interest credit against its liability which is "computed at 7%." The principal issue in this case is...

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