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DIBBLE v. ILHR DEPARTMENT

No. 5.

40 Wis.2d 341 (1968)

161 N.W.2d 913

DIBBLE, Appellant, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs by La Follette, Sinykin, Anderson, Davis & Abrahamson, attorneys, and Earl Munson, Jr., of counsel, all of Madison, and oral argument by Mr. Munson.

For the respondent 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.

BEILFUSS, J.

The issue is: Is there sufficient credible evidence to support the finding that the accident occurred while the decedent was engaged in a deviation from his employment in an act not reasonably necessary for living or incidental thereto within the meaning of the Workmen's Compensation Act?

The controlling statutory provisions are:

"102.03 Conditions of liability. (1) Liability under this chapter shall exist against an employer...

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