ST. MARY'S CONGREGATION v. INDUSTRIAL COMM.


265 Wis. 525 (1953)

ST. MARY'S CONGREGATION and another, Appellants, vs. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

For the appellants there was a brief by Klaprat, Larson & Rogge of Wausau, attorneys, and Toebaas, Hart, Kraege & Jackman of Madison of counsel, and oral argument by E. E. Klaprat and W. L. Jackman.

For the respondent Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.


FRITZ, C. J.

The issue on this appeal is whether Zacharias at the time of his injury was an employee of the Congregation or an independent contractor.

This court has repeatedly held that the principal test for determining whether the relationship of employer and employee exists is whether the alleged employer has the right to control the details of the work. Phaneuf v. Industrial Comm. (1953), 263 Wis. 376, 378, 57...

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