2014 WI 112

SUPREME COURT OF WISCONSIN CASE NO.: 2012AP2566 COMPLETE TITLE: Sohn Manufacturing Inc., Plaintiff-Appellant-Petitioner, Secura Insurance, Plaintiff-Appellant, v. Labor and Industry Review Commission and Tanya Wetor, Defendants-Respondents.

REVIEW OF A DECISION OF THE COURT OF APPEALS (Reported at 350 Wis. 2d 469, 838 N.W.2d 131) (Ct. App. 2013 – Published) PDC No.: 2013 WI App 112

OPINION FILED: October 7, 2014 SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 23, 2014

SOURCE OF APPEAL: COURT: Sheboygan COUNTY: Circuit JUDGE: Terence T. Bourke

JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: PROSSER, J., did not participate.

ATTORNEYS: For the plaintiff-appellant-petitioner, there were briefs by Steven A. Nigh, Charles B. Palmer, Denise L. Greathouse, Kelly R. Rourke, and Michael Best & Friedrich LLP, Waukesha. Oral argument by Steven A. Nigh.

For the defendant-respondent Labor and Industry Review Commission, the cause was argued by Anthony D. Russomanno, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general. 2014 WI 112 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2012AP2566 (L.C. No. 2011CV1015)

STATE OF WISCONSIN : IN SUPREME COURT

Sohn Manufacturing, Inc.,

Plaintiff-Appellant-Petitioner,

Secura Insurance, FILED Plaintiff-Appellant, OCT 7, 2014 v. Diane M. Fremgen Clerk of Supreme Court Labor and Industry Review Commission and

Tanya Wetor,

Defendants-Respondents.

REVIEW of a decision of the Court of Appeals. Affirmed.

¶1 PER CURIAM. The court is evenly divided upon the

question of affirmance or reversal. That results in affirmance

of the judgment of the court of appeals and thus of the Labor

and Industry Review Commission. Chief Justice Shirley S.

Abrahamson, Justice Ann Walsh Bradley and Justice N. Patrick

Crooks would affirm. Justice Patience Drake Roggensack, Justice

Annette Kingsland Ziegler, and Justice Michael J. Gableman would No. 2012AP2566

reverse. Justice David T. Prosser did not participate.

Accordingly, the decision of the court of appeals is affirmed.

2 No. 2012AP2566

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