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LOPEZ v. LABOR & INDUSTRY REVIEW COM'N

No. 01-0165.

252 Wis.2d 476 (2002)

2002 WI App 63

642 N.W.2d 561

Jesus LOPEZ, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, and Willow Foods, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 21, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Kevin G. Magee of Legal Action of Wisconsin, Inc., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of William W. Cassel of Labor and Industry Review Commission.

Before Vergeront, P.J., Dykman and Lundsten, JJ.

¶ 1. VERGERONT, P.J.

Jesus Lopez appeals the circuit court's order affirming a decision of the Labor and Industry Review Commission. LIRC determined that Lopez's physical assault of another co-worker constituted "misconduct" and denied Lopez unemployment insurance benefits. Lopez contends that the physical assault was not misconduct because there was sufficient provocation after Lopez had endured months of the co-worker's harassing comments about Lopez's national...

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