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ACUITY INS. CO. v. WHITTINGHAM

No. 2006AP2379.

740 N.W.2d 154 (2007)

2007 WI App 210

ACUITY INSURANCE COMPANY, Plaintiff-Appellant, Carr Builders Incorporated, Involuntary-Plaintiff, v. David WHITTINGHAM, Carr Builders Incorporated and Labor & Industry Review Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 29, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Richard T. Mueller of Mueller, Goss & Possi, S.C. of Milwaukee.

On behalf of the defendant-respondent David Whittingham, the cause was submitted on the brief of Robert T. Ward of Ward Law Firm of Waukesha.

On behalf of the defendant-respondent Labor & Industry Review Commission, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and R. Duane Harlow, assistant attorney general.

Before BROWN, C.J., NETTESHEIM and SNYDER, JJ.

¶ 1 BROWN, C.J.

This is an appeal of a worker's compensation award. David Whittingham was severely injured while performing services for Carr Builders. Acuity Insurance Company, Carr's worker's compensation carrier, disputed Whittingham's claim, arguing that although Whittingham was working for Carr at the time of his fall, he was not Carr's statutory "employee" because he also runs a small business that renders him an "employer" under the statute. The Labor...

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