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NIELSEN v. INDUSTRIAL COMM.

14 Wis.2d 112 (1961)

NIELSEN, Respondent, v. INDUSTRIAL COMMISSION and others, Appellants.

Supreme Court of Wisconsin.

June 6, 1961.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Mortimer Levitan, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general, joined in by James J. Stout of Milwaukee.

For the respondent there was a brief and oral argument by John B. Morrissy of Lake Geneva.

HALLOWS, J.

The sole question for determination is whether there exists a presumption that an unexplained fall of an employee on the employer's premises arises out of the employment. This question has not heretofore been decided by this court, but was pointed out and reserved for future decision in Peterson v. Industrial Comm. (1955), 269 Wis. 44, 68 N.W.2d 538.

It is, of course, elementary the applicant has the burden...

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