MATAYO v. INDUSTRIAL COMM.


5 Wis.2d 401 (1958)

MATAYO, Appellant, v. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

November 5, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Edward T. O'Neill of Fond du Lac.

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.


FAIRCHILD, J.

The parties agree that "if the employer be under obligation to transport an employee to and from work, the employee is entitled to compensation if injured while being so transported." Githens v. Industrial Comm. (1936), 220 Wis. 658, 662, 265 N. W. 662. The Industrial Commission contends that it was entitled to draw the inference that there was no contract whereby Ohlson was obliged to transport Matayo back to Rhinelander. It is true that there...

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