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SCHREIBER FOODS, INC. v. LABOR AND INDUSTRY REVIEW COMMISSION

No. 2008AP1977.

765 N.W.2d 850 (2009)

2009 WI App 40

SCHREIBER FOODS, INC. and Zurich American Insurance Company, Petitioners-Respondents, v. LABOR AND INDUSTRY REVIEW COMMISSION, Respondent-Appellant, Gregory Skerven, Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 10, 2009.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of J.B. Van Hollen, attorney general, and R. Duane Harlow, assistant attorney general.

On behalf of the petitioners-respondents, the cause was submitted on the brief of Thomas K. Mullins and Daniel J. Kennedy, Gass Weber Mullins LLC, Milwaukee.

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

¶ 1 PETERSON, J.

Schreiber Foods, Inc.,1 seeks to reopen a worker's compensation decision by the Labor and Industry Review Commission. The Commission had awarded loss of earning capacity benefits to an injured employee. After the award, Schreiber rehired the employee and sought to vacate the award because the employee was now working. The Commission concluded the award was final and could not be vacated.

¶ 2 Schreiber...

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