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REVELS v. INDUSTRIAL COMM.

36 Wis.2d 395 (1967)

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

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the appellant Industrial Commission the cause was argued by Roy G. Mita, assistant attorney general, with whom on the briefs were Bronson C. La Follette, attorney general, and Gordon Samuelsen, assistant attorney general.

For the appellants Floyd Revels, H & D Lumber Company, Inc., and Employers Mutual Liability Insurance Company there was a brief by Klueter, Larson & MacKenzie of Wausau, and oral argument by H. R. Klueter.

For the respondent there was a brief by Frederick F. Hillyer of Madison and Harry D. Clarke of Stoughton, and oral argument by Mr. Hillyer.

HANLEY, J.

The sole issue on this appeal is whether there is any credible evidence to support the finding that Argyle Revels was not an employee on June 17, 1963, so as to be covered by the Workmen's Compensation Act.

The statutory definition of "employee" for the purpose of ch. 102, Stats., includes "Every person in the service of another under any contract of hire, express or implied,..."

The trial court held that the applicant was aided by the presumption...

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