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PALOMBI v. LIRC

No. 86-1925.

140 Wis.2d 520 (1987)

410 N.W.2d 654

Robert G. PALOMBI, Plaintiff-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Janesville Public School, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 25, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of William S. Sample and Bruce Meredith and Wisconsin Education Association Council, of Madison.

For the defendants-respondents, the cause was submitted on the brief of Robert C. Reed, of Madison.

Before Dykman, Eich and Sundby, JJ.

EICH, J.

Robert Palombi appeals from a judgment and an order affirming a decision of the Labor and Industry Review Commission which computed his eligibility for unemployment compensation benefits on the basis of twenty-nine weeks of employment. The issue is whether an employee, who is on paid suspension and under directions not to report to work, may nonetheless be considered as "perform[ing] ... wageearning services for the employer" within the meaning of sec. 108...

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