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DEPT. OF WORKFORCE DEVELOPMENT v. LIRC

No. 2009AP1364.

792 N.W.2d 182 (2010)

2010 WI App 123

WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, Plaintiff-Appellant, v. WISCONSIN LABOR AND INDUSTRY REVIEW COMMISSION and Dunham Express Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed July 8, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel J. LaRocque , Director of Bureau of Legal Affairs, Madison.

On behalf of the defendant-respondent, LIRC, the cause was submitted on the brief of Laurie R. McCallum of Wisconsin Labor & Industry Review Commission, Madison.

On behalf of the defendant-respondent, Dunham Express Corporation, the cause was submitted on the brief of John Duncan Varda , Stephen A. DiTullio , and Michele Perreault of DeWitt Ross & Stevens S.C., Madison.

Before DYKMAN, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.

DYKMAN, P.J.

¶ 1 The Wisconsin Department of Workforce Development (DWD) appeals from a circuit court order affirming a decision by the Wisconsin Labor and Industry Review Commission (LIRC) that Dunham Express Corporation is not liable for unemployment insurance contributions for its "contract drivers." DWD argues that LIRC's decision is not entitled to any deference because its interpretation of the applicable statute and administrative rules was plainly erroneous...

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