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ELLIS v. STATE DEPT. OF ADMIN.

No. 2010AP1374.

800 N.W.2d 6 (2011)

2011 WI App 67

Earnest ELLIS, Plaintiff-Appellant, v. STATE of Wisconsin DEPARTMENT OF ADMINISTRATION, Wisconsin State Department of Transportation and Labor & Industry Review Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 26, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ronald Bornstein of Bornstein Law Offices, S.C., of Milwaukee.

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

Before CURLEY, P.J., FINE and BRENNAN, JJ.

CURLEY, P.J.

¶ 1 Earnest Ellis appeals from an order: (1) denying his motion for default judgment against the Department of Administration ("the Department") and the Labor & Industry Review Commission ("the Commission"); and (2) affirming the Commission's decision in which it concluded that he had not, following a work injury, established a prima facie case of permanent total disability under the "odd-lot" doctrine, and therefore was not entitled to permanent...

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