CMELAK v. INDUSTRIAL COMM.


27 Wis.2d 552 (1965)

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

Supreme Court of Wisconsin.

June 1, 1965.


Attorney(s) appearing for the Case

For the appellant Industrial Commission the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the appellants Curtis Development Company and Liberty Mutual Insurance Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Clayton R. Hahn of counsel, all of Milwaukee, and oral argument by Mr. Hahn.

For the respondent there was a brief and oral argument by Ralph J. Podell of Milwaukee.


HEFFERNAN, J.

The questions on this appeal arise out of the statutory requirements3 that must be fulfilled to establish eligibility for workmen's compensation. In this case we are particularly concerned with the requirements that the employee at the time of the accident "is performing service growing out of and incidental to his employment" and that the "accident . . . arises out of his employment...

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