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M.M. SCHRANZ ROOFING v. FIRST CHOICE TEMP.

No. 2011AP345.

809 N.W.2d 880 (2011)

338 Wis.2d 420

2012 WI App 9

M.M. SCHRANZ ROOFING, INC. and Transportation Ins. Co., Plaintiffs-Appellants, v. FIRST CHOICE TEMPORARY, Metlife Ins. Co. of CT, c/o Travelers Claim Services, Labor and Industry Review Commission, P.L. Freeman Roofing and Eddie Crews, Deceased, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 21, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of W. Wayne Siesennop , M. Susan Maloney , and Scott J. Thomsen of Siesennop & Sullivan of Milwaukee.

On behalf of the defendants-respondents First Choice Temporary and Metlife Ins. Co. of CT, c/o Travelers Claim Services, the cause was submitted on the brief of Catherine A. Thomas of Chapin & Associates of Brookfield.

On behalf of the defendant-respondent Labor and Industry Review Commission, the cause was submitted on the brief of Charlotte Gibson , assistant attorney general, and J.B. Van Hollen , attorney general.

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

BROWN, C.J.

¶ 1 This is a "loaned employee" case under the Worker's Compensation Act. The Labor and Industry Review Commission (LIRC) found that a company in the business of loaning employees was nevertheless not a "temporary help agency" under the facts of the case and thus not liable for worker's compensation to an injured employee. The basis of this finding was that there was no statutory temporary help agency relationship...

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