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SOCIETY INS. v. LABOR & INDUSTRY REV. COM'N

No. 2008AP3135.

786 N.W.2d 385 (2010)

2010 WI 68

SOCIETY INSURANCE and James Meyer, Inc., Plaintiffs-Respondents, v. LABOR & INDUSTRY REVIEW COMMISSION and Gary Liska, Defendants, Work Injury Supplemental Benefit Fund, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 8, 2010.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was argued by David A. Hart III, assistant attorney general, with whom on the briefs was J.B. Van Hollen, attorney general.

For the plaintiffs-respondents there was a brief by James W. Goonan, Grace M. Kulkoski, and Peterson, Johnson & Murray, S.C., Madison, and oral argument by James W. Goonan.

An amicus curiae brief was filed by James A. Friedman, Eric J. Weiss, and Godfrey & Kahn, S.C., Madison, on behalf of the Wisconsin Insurance Alliance, and oral argument by James A. Friedman.

ON CERTIFICATION FROM THE COURT OF APPEALS

PATIENCE DRAKE ROGGENSACK, J.

¶ 1 This case comes before us by certification from the court of appeals. The certified question is: "Whether retroactive application of Wis. Stat. §§ 102.17(4) and 102.66(1), as amended effective April 1, 2006, is unconstitutional."

¶ 2 On June 25, 1982, Gary Liska (Liska) sustained a work-related injury to his right leg that required amputation below the...

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