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STOUGHTON TRAILERS, INC. v. LIRC

No. 2004AP1550.

721 N.W.2d 102 (2006)

2006 WI App 157

STOUGHTON TRAILERS, INC., Petitioner-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION and Douglas Scott Geen, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed July 27, 2006.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Amy O. Bruchs, Farrah N.W. Rifelj and Christine Cooney Mansour of Michael Best & Friedrich, L.L.P., Madison.

On behalf of the respondents-respondents, the cause was submitted on the briefs of David C. Rice, assistant attorney general, and Peggy A. Lautenschlager, attorney general, and Christopher J. Blythe of Lawton & Cates, S.C., Madison.

Before LUNDSTEN, P.J., VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 HIGGINBOTHAM, J.

This is the second appeal of this case. In the first appeal we reversed the Labor and Industry Review Commission's decision that Stoughton Trailers, Inc., Douglas Geen's employer, had reasonably accommodated Geen's disability, and remanded the case to LIRC to answer two questions: "(1) whether on the present facts Stoughton [Trailers] terminated Geen's employment because of his disability; and (2) whether the [Family Medical Leave Act (FMLA...

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