Holley v. Department of Industry, Labor & Human Relations (1968)

The court in Holley v. DILHR, 39 Wis. 2d 260, 266 , 158 N.W.2d 910, 912 (1968), also stated that an "adverse party," as set forth in sec. 102.23, refers to a *841 party whose interests were adverse in the proceedings before DILHR. [8] On appeal to this court, the Appellants also argue that their suit in circuit court only pertains to the two claims filed during its own coverage period.

Thus, unlike the situation where an adverse party has only anecdotal knowledge of the appeal from the Commission's determination, see id., 166 Wis. 2d at 634 , 480 N.W.2d at 499 ; Holley v. Department of Indus., Labor & Human Relations, 39 Wis. 2d 260, 268 , 158 N.W.2d 910, 913 (1968), Sentry not only had formal notice of the pendency of the appeal from the Commission's determination in its favor, but it also knew the grounds upon which the appeal was based because those gro…

Within 30 days from the date of an order or award originally made by the commission or following the filing of petition for review with *105 the department under s. 102.18 any party aggrieved thereby may commence, in the circuit court for Dane county, an action against the department for the review of such order or award, in which action the adverse party shall also be made defendant. . . .” 14 Rathjen v. Industrial Comm. (1940), 233 Wis. 452, 457 , 289 N. W. 618 , cited wit…

See Holley v. DILHR, 39 Wis. 2d 260, 268 , 158 N.W.2d 910 (1968). ¶ 17.

See Holley *629 v. ILHR Department, 39 Wis. 2d 260, 264-65, 268 , 158 N.W.2d 910 (1968). 6 Section 108.09(7) (a) reads in part: The department or either party may commence action for the judicial review of a decision of the commission under this chapter after exhausting the remedies provided under this section if the party or the department has commenced such action in accordance with s. 102.23 within 30 days after a decision of the commission is mailed to a party's last-kno…