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COUNTY OF BARRON v. LABOR AND INDUSTRY

No. 2009AP1845.

792 N.W.2d 584 (2010)

2010 WI App 149

COUNTY OF BARRON and Wisconsin County Mutual Insurance Corporation, Petitioners-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION and Darlene Cobb, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed October 19, 2010.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Richard D. Duplessie and Ryan J. Steffes , of Weld, Riley, Prenn & Ricci, S.C., Eau Claire.

On behalf of the respondent-respondent, Darlene Cobb , the cause was submitted on the brief of Jason W. Whitley of Novitzke, Gust, Sempf, Whitley & Bergmanis, Amery.

On behalf of the respondent-respondent, Labor and Industry Review Commission, the cause was submitted on the briefs of Richard Briles Moriarty , assistant attorney general, and J.B. Van Hollen , attorney general.

A nonparty brief was filed by Andrew T. Phillips and Daniel J. Borowski of Centofanti Phillips, S.C., Mequon, for Wisconsin Counties Association.

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

BRUNNER, J.

¶ 1 County of Barron and its insurer, Wisconsin County Mutual Insurance Corporation (collectively, the County), appeal a judgment affirming the Labor and Industry Review Commission's conclusion that an in-home caregiver providing services under the long-term support community options waiver program is an employee of the County for worker's compensation purposes. We conclude the Commission's decision is entitled to great weight deference. Because the...

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