KUESTER v. WISCONSIN RETIREMENT BD.

No. 03-0056.

269 Wis.2d 462 (2003)

2004 WI App 10

674 N.W.2d 877

Duane KUESTER, Petitioner-Appellant, v. WISCONSIN RETIREMENT BOARD, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided December 23, 2003.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Bruce F. Ehlke, Shneidman, Hawks & Ehlke, S.C., Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of L. Jane Hamblen, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

Before Dykman, Vergeront and Lundsten, JJ.


¶ 1. VERGERONT, J.

Duane Kuester, a retired firefighter, challenges the administrative rule the Wisconsin Retirement Board applied in determining that he was not entitled to receive duty disability benefits under WIS. STAT. § 40.65 (2001-02).1 He contends WIS. ADMIN. CODE § ETF 52 is invalid because it is not authorized by statute and is inconsistent with § 40.65. Alternatively, he contends, even if the rule is valid...

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