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CAREY v. WISCONSIN RETIREMENT BD.

No. 2006AP1233.

728 N.W.2d 22 (2006)

2007 WI App 17

Barbara CAREY, Petitioner-Appellant, v. WISCONSIN RETIREMENT BOARD, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 7, 2006.

Attorney(s) appearing for the Case

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

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

Before DYKMAN, VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is whether the Wisconsin Retirement Board correctly construed WIS. STAT. § 40.65(5)(b)1 in determining Barbara Carey's duty disability benefits. The Board reduced those benefits by earnings and lump sum worker's compensation benefits she received after the effective date of her duty disability benefits. The circuit court upheld this decision...

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