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APPLETON POLICE DEPT. v. LABOR AND INDUSTRY

No. 2011AP2008.

813 N.W.2d 237 (2012)

2012 WI App 50

CITY OF APPLETON POLICE DEPARTMENT and City of Appleton, Petitioners-Appellants, v. LABOR AND INDUSTRY REVIEW COMMISSION and Michael Nofzinger, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 22, 2012.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Joseph Danas, Jr . and Staci M. Flinchbaugh , Milwaukee.

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

On behalf of the respondent-respondent, Michael Nofzinger, the cause was submitted on the brief of Robert W. Dean of Henessy & Roach, P.C., Green Bay.

Before VERGERONT, SHERMAN and BLANCHARD, JJ.

BLANCHARD, J.

¶ 1 The City of Appleton Police Department and the City of Appleton (collectively, the City) appeal a circuit court judgment upholding a decision of the Labor and Industry Review Commission (the Commission) awarding worker's compensation benefits to a City police officer, Michael Nofzinger. Nofzinger received an injury as a result of performing push-ups in his basement in preparation for a mandatory physical fitness test that required him to perform...

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