BALDWIN v. LIRC

Nos. 98-3090, 98-3124, 98-3125, 98-3126.

228 Wis.2d 601 (1999)

599 N.W.2d 8

David K. BALDWIN, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Angelo Luppino, Inc. and American Economy Insurance, Inc., Defendants-Respondents. Richard TOLAND, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Link Brothers, Inc., and Continental Insurance Company, Defendants-Respondents. Mildred BLACK, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Aqvila, inc., and Westchester Fire Insurance Company, Defendants-Respondents. Deborah G. BURKE, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Clothes Basket Dry Cleaners, and American States Insurance Company, Defendants-Respondents.

Court of Appeals Wisconsin

Decided June 2, 1999.


Attorney(s) appearing for the Case

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 Jerome S. Schmidt, assistant attorney general, and oral argument by Jerome S. Schmidt of Madison.

On behalf of the defendants-respondents, Angelo Luppino, Inc., and American Economy Insurance Company, the cause was submitted on the brief of David A. Piehler, and oral argument by David A. Piehler of Piehler & Strande, S.C. of Wausau.

Case No. 98-3124: On behalf of the plaintiff-appellant, the cause was submitted on the brief of Boad S. Swanson, and oral argument by Boad S. Swanson of Marcovich, Cochrane, Milliken & Swanson of Superior.

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 Jerome S. Schmidt, assistant attorney general, and oral argument by Jerome S. Schmidt of Madison.

On behalf of the defendants-respondents, Link Brothers, Inc., and Continental Insurance Company, the cause was submitted on the brief of Ronald S. Aplin and Karen M. Gallagher of Coyne, Niess, Schultz, Becker & Bauer, S.C. of Madison, and oral argument by Ronald S. Aplin.

Case No. 98-3125: On behalf of the plaintiff-appellant, the cause was submitted on the brief of Boad S. Swanson and oral argument by Boad S. Swanson of Marcovich, Cochrane, Milliken & Swanson of Superior.

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 Jerome S. Schmidt, assistant attorney general, and oral argument by Jerome S. Schmidt of Madison.

On behalf of the defendant-respondent, Aqvila, Inc., and Westchester Fire Insurance Company, the cause was submitted on the brief of James R. Johnson and oral argument by James R. Johnson of Lommen, Nelson, Cole & Stageberg, P.A. of Hudson.

Case No. 98-3126: On behalf of the plaintiff-appellant, the cause was submitted on the brief of Boad S. Swanson and oral argument by Boad S. Swanson of Marcovich, Cochrane, Milliken & Swanson of Superior.

On behalf of the defendant-respondent, Labor and Industry Review Commission, the cause was submitted on the brief James E. Doyle, attorney general, and Jerome S. Schmidt, and oral argument by Jerome S. Schmidt of Madison.

On behalf of the defendants-respondents, Clothes Basket Dry Cleaners and American States Insurance Company, the cause was submitted on the brief of William J. Westerlund and oral argument by William J. Westerlund of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

Before Cane, C.J., Myse, P.J., and Hoover, J.


CANE, C.J.

David Baldwin, Richard Toland, Mildred Black, and Deborah Burke1 appeal circuit court judgments affirming the Labor and Industry Review Commission's (LIRC's) decisions that dismissed with prejudice their applications for worker's compensation hearings with the Department of Workforce Development (the department). Based on their assertion that they could withdraw their applications as a matter of right, the appellants sought...

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