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WASTE MANAGEMENT v. L.I.R.C.

No. 2007AP2405.

747 N.W.2d 782 (2008)

2008 WI App 50

WASTE MANAGEMENT INCORPORATED, Petitioner-Appellant, Pacific Employers Insurance Company, Petitioner, v. LABOR AND INDUSTRY REVIEW COMMISSION, Timothy Bowe, Wisconsin Worker's Compensation Uninsured Employer's Fund, Countryside Hides Incorporated and American Compensation Insurance Company, Respondents-Respondents, Waldo Hippert and Lucy Hippert, d/b/a Chippewa Falls Rendering, Respondents.

Court of Appeals of Wisconsin.

Opinion Filed February 26, 2008.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Melanie L. Persich and Robert H. Zilske of Zilske Law Firm, S.C., Brookfield.

On behalf of the respondent-respondent, Labor and Industry Review Commission, the cause was submitted on the brief of R. Duane Harlow, Assistant Attorney General, and J.B. Van Hollen, Attorney General.

On behalf of the respondents-respondents, Countryside Hides, Inc. and American Compensation Insurance Company, the cause was submitted on the brief of Cynthia K. Thurston of McCollum, Crowley, Moschet & Miller, Ltd., Rice Lake.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

Waste Management Incorporated and its insurer, Pacific Employers Insurance Company (collectively, Waste Management), appeal an order affirming a worker's compensation decision by the Labor and Industry Review Commission. Waste Management argues the Commission violated its due process rights by holding it liable on a theory that was not raised before the administrative law judge (ALJ). We agree, reverse the order, and remand for a new Commission...

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