DaimlerCHRYSLER C/O ESIS v. Labor and Industry Review Commission

2007 WI 40, 729 N.W.2d 212, 300 Wis. 2d 133, 2007 Wisc. LEXIS 39

• Court: Wisconsin Supreme Court
• Decided: March 30, 2007
• Docket: 2005AP544
• Status: Published

Opinion

PER CURIAM.

¶ 1. DaimlerChrysler moves the court to reconsider its opinion in DaimlerChrysler v. Labor & Industry Review Comm'n, 2007 WI 15, 299 Wis. 2d 1, 727 N.W.2d 311, on the ground that the court based its decision on a statute not in effect when the injury to Glenn May occurred.

¶ 2. The motion for reconsideration is denied.

¶ 3. However, to clarify the DaimlerChrysler opinion, we now add the following footnote at the end of the second sentence of ¶ 39:

17 Wisconsin Stat. § 102.32(6)(b) became effective March 30, 2004. Wis. Act 144. It was therefore not in effect at the time of May's accident. We draw on it here not as a statement of the law in 1999, but because it demonstrates that the LIRC's interpretation of § 102.18(l)(d) is reasonable.

¶ 4. Accordingly, the motion for reconsideration is denied, without costs.