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BRENNE v. ILHR DEPARTMENT

38 Wis.2d 84 (1968)

BRENNE, Special Administratrix, Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Appellants.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellant Industrial Commission (now Department of Industry, Labor & Human Relations) the cause was argued by James P. Altman, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the appellants St. Croix County Electric Cooperative and Employers Mutual Liability Insurance Company there was a brief by Wilcox & Wilcox of Eau Claire, and oral argument by Francis J. Wilcox.

For the respondent there was a brief by Gavic & Richardson and Robert R. Gavic, all of Hudson, and oral argument by Robert R. Gavic.

CONNOR T. HANSEN, J.

The trial court directed the commission to reconsider the rule established in Barber v. Industrial Comm. (1942), 241 Wis. 462, 6 N.W.2d 199. It is our conclusion that this should be done.

The particular statute involved is sec. 102.03, Stats., entitled Conditions of liability, which provides as follows:

"(1) Liability under this chapter shall exist against an employer only where the following conditions concur:

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