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E.C. STYBERG ENGINEERING CO., INC. v. LIRC

No. 04-1039.

278 Wis.2d 540 (2004)

2005 WI App 20

692 N.W.2d 322

E. C. STYBERG ENGINEERING COMPANY, INC. and Combined Specialty Insurance Co., c/o Cambridge Integrated Services Group, Plaintiffs-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION and Richard Hetchler, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 22, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Joseph P. Danas, Jr. and Patrick D. McNally of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

On behalf of the defendant-respondent Labor and Industry Review Commission, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Lowell E. Nass, assistant attorney general.

On behalf of the defendant-respondent Richard Hetchler, the cause was submitted on the brief of Thomas W. Durkin of Becker, French & DeMatthew of Racine.

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

¶ 1. BROWN, J.

In this case, an employer and its insurance company challenge the Labor and Industry Review Commission's determination that an employee who sustained a knee injury while playing softball during a paid break period deserved worker's compensation benefits. We reject the challenge. The factual scenario in this case may be one of first impression, but LIRC had to make a value judgment about what constituted...

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