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FRY v. LIRC

No. 00-0523.

239 Wis.2d 574 (2000)

2000 WI App 239

620 N.W.2d 449

JIN RE the ESTATE OF James J. FRY: Janet L. FRY, Personal Representative, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, Piper Jaffray Company, Inc. and Pacific Indemnity Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 31, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

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, of Madison.

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

¶ 1. CANE, C.J.

The Estate of James J. Fry (estate) appeals from a judgment affirming a Labor and Industry Review Commission (LIRC) decision dismissing a claim for benefits under Wisconsin's Worker's Compensation Act (WCA), WIS. STAT. ch. 102.1 The estate asserts that at the time Fry was killed in a traffic accident, he was performing services growing out of and incidental to his employment...

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