City of Elroy v. Labor & Industry Review Commission

The City of Elroy and Heritage Mutual Insurance Company (the city) appeal from a circuit court judgment affirming the Labor and Industry Review Commission's award of worker's compensation to an injured volunteer firefighter. The city contests the commission's determination that evidence of volunteer firefighters' work histories and earning capacity as civilians prior to injury should not be considered in setting their rates of compensation. We reject the city's position and affirm.

The undisputed facts are that Sorenson was injured while acting as a volunteer fireman for the City of Elroy. He…