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McRAE v. PORTA PAINTING, INC.

No. 2008AP1946.

769 N.W.2d 74 (2009)

2009 WI App 89

Michael McRAE, Plaintiff-Appellant, v. PORTA PAINTING, INC., Secura Supreme and Labor and Industry Review Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: May 20, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert T. Ward of Ward Law Firm, Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of David A. Hart, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark A. Ringsmuth and Gesina M.G. Mentink of Alpin & Ringsmuth, LLC, Deerfield.

A nonparty brief was filed by Daniel R. McCormick of McCormick Law Office of Milwaukee, for the Wisconsin Association for Justice.

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

¶ 1 NEUBAUER, J.

Michael McRae appeals from a circuit court order affirming a decision by the Labor and Industry Review Commission which denied worker's compensation coverage for injuries McRae sustained in an automobile accident. McRae challenges the Commission's determination that he was not performing services growing out of and incidental to his employment at the time of the accident, which occurred while he was traveling from his home to a job site located...

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