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OSHKOSH CORP. v. LABOR & INDUSTRY REVIEW

No. 2010AP1219.

796 N.W.2d 217 (2011)

2011 WI App 42

OSHKOSH CORPORATION and Lumbermens Mutual Casualty Company c/o Kemper Services Company-Broadspire, Plaintiffs-Appellants, v. LABOR & INDUSTRY REVIEW COMMISSION and Daniel L. Nuetzel, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed February 23, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David L. Styer of Kasdorf , Lewis & Swietlik, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Charlotte Gibson , assistant attorney general, and J.B. Van Hollen , attorney general.

Before NEUBAUER, P.J., ANDERSON and REILLY, JJ.

REILLY, J.

¶ 1 Daniel L. Nuetzel injured both of his knees during the course of his employment as an assembler at Oshkosh Corporation. After separate surgeries, he continued to work for Oshkosh with permanent work restrictions. Nuetzel was eventually fired for allegedly sleeping on the job. After Nuetzel was terminated, he applied for vocational rehabilitation benefits pursuant to WIS. STAT. § 102.61 (2009-10...

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