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WHITE v. LIRC

No. 00-0855.

239 Wis.2d 505 (2000)

2000 WI App 244

620 N.W.2d 442

Gary J. WHITE, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Olympic Wall Systems, Inc. and Transportation Insurance Co., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 18, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas C. Wilkoski of Law Offices of Lucas & Wilkoski of West Allis.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Stephen M. Sobota, assistant attorney general.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. NETTESHEIM, J.

The principal issue in this worker's compensation case is whether the first clause of WIS. STAT. § 102.01(2)(g)2 (1997-98)1 relieves an employee of the burden to prove that an occupational disease stemmed from the employment with the employer against whom the claim is made. The Labor and Industry Review Commission (LIRC) determined that the statute required the claimant, Gary J. White, to establish such linkage...

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