Summary
denying the motion but writing further to clarify the opinion
Summary of this case from State v. JohnsonOpinion
No. 2005AP544.
Decided March 30, 2007.
MOTION for reconsideration. Reconsideration denied.
(Denying reconsideration 2007 WI 15, 299 Wis. 2d 1, N.W.2d 311.)
¶ 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(1)(d) is reasonable.
¶ 4. Accordingly, the motion for reconsideration is denied, without costs.