STATE v. INDUSTRIAL COMM.


272 Wis. 409 (1956)

STATE, Appellant, vs. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

April 3, 1956.


Attorney(s) appearing for the Case

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

For the respondent Industrial Commission there was a brief by Edwin M. Wilkie, special counsel, joined in by Hebert & Smith of Tomahawk, for respondent Mrs. Leland N. Fields, and oral argument by Mr. Wilkie and Mr. John E. Smith.


CURRIE, J.

The state advances the following contentions on this appeal:

(1) The commission acted without and in excess of its powers in appointing Dr. Kurtz as an independent medical examiner.

(2) Dr. Kurtz's opinion as to cause of death does not constitute credible evidence to support the commission's finding on that issue because Mr. Nelson's letter to the doctor did not set forth all of the essential facts.

(3) Dr. Kurtz's opinion as to...

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