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EMMPAK FOODS v. L.I.R.C.

No. 2006AP729.

737 N.W.2d 60 (2007)

2007 WI App 164

EMMPAK FOODS, INC. and National Union Fire Insurance Company of Pittsburgh, Plaintiffs-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION and Dennis Race, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed June 6, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Joseph Danas Jr. and Aaron R. Berndt of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee. There was oral argument by Joseph Danas, Jr.

On behalf of the defendants-respondents, the cause was submitted on the brief of Peggy A. Lautenschlager, Attorney General, and Lowell E. Nass, Assistant Attorney General. There was oral argument by Lowell E. Nass.

Before SNYDER, P.J, BROWN and ANDERSON, JJ.

¶ 1 BROWN, J.

This is an appeal of a worker's compensation decision. Emmpak and its insurer challenge Dennis Race's receipt of temporary total disability (TTD) benefits after he was terminated for violating plant safety rules. Emmpak argues that it was Race's rule violation, and not his injury, that caused his wage loss and that he was therefore not eligible for TTD. We disagree and affirm. Race had a work-related injury that rendered him unable to use his left...

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