City of Kenosha v. Labor & Industry Review Commission

¶ 1. The City of Kenosha appeals from the determination of the Labor and Industry Review Commission (LIRC) that Captain Charles Leipzig, Jr., suffered a compensable injury while engaged in a physical well-being activity on duty at Fire Station Number 5. The City maintains that because Leipzig was not receiving additional compensation for participating in a physical well-being activity, the "well-being activity exclusion" found in Wis. Stat. § 102.03(l)(c)3. (2009-10)1 prevents him from receiving worker's compensation benefits. We reject the City's interpretation of the statute because it…