EDWARD BROTHERS, INC. v. L.I.R.C.

No. 2006AP2398.

731 N.W.2d 302 (2007)

2007 WI App 128

EDWARD BROTHERS, INC. and Liberty Mutual Insurance Company, Plaintiffs-Respondents, v. LABOR AND INDUSTRY REVIEW COMMISSION, Defendant-Appellant, David Vanderzee, Deceased, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 7, 2007.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Peggy A. Lautenschlager, Attorney General, and R. Duane Harlow, Assistant Attorney General.

On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Richard A. Fortune of Fortune & McGillis, S.C. of Racine.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Peter L. Topczewski of Law Offices of Stilp & Cotton of Brookfield.

Before BROWN, NETTESHEIM and ANDERSON, JJ.


¶ 1 BROWN, J.

The question in this case is whether the dependents of a deceased worker are entitled to death benefits under the worker's compensation law when the worker's death occurred before the level of permanent partial disability could be formally established. The Labor and Industry Review Commission held that David Vanderzee's dependents were entitled to the benefit, and Edward Brothers and its insurer appealed to the circuit court. The circuit court reversed...

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