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CITY OF KENOSHA v. LABOR & INDUSTRY REVIEW

No. 2010AP883.

797 N.W.2d 885 (2011)

2011 WI App 51

CITY OF KENOSHA, Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Charles Leipzig, Jr., Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 16, 2011.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Michael McFarlane and Robert H. Zilske of Zilske Law Firm, S.C., Brookfield.

On behalf of the respondents-respondents, the cause was submitted on the brief of Israel Ramon and Michele A. Peters of Hawks Quindel, S.C., Milwaukee; and Charlotte Gibson , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.

ANDERSON, J.

¶ 1 The City of Kenosha appeals from the determination of the Labor and Industry Review Commission (LIRC) that Captain Charles Leipzig, Jr., suffered a compensable injury while engaged in a physical well-being activity on duty at Fire Station Number 5. The City maintains that because Leipzig was not receiving additional compensation for participating in a physical well-being activity, the "well-being activity exclusion" found in WIS. STAT. §...

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