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BERGNER v. INDUSTRIAL COMM.

37 Wis.2d 578 (1968)

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

Supreme Court of Wisconsin.

January 30, 1968.

Attorney(s) appearing for the Case

For the appellant Industrial Commission 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 Bergner & Larsen T. V. & Radio, Inc., and General Casualty Company there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and oral argument by Lloyd J. Planert.

For the respondent there was a brief by Galloway, Olson, Boltz & Steinbrinck and Richard A. Boltz, all of Green Bay and oral argument by Richard A. Boltz.

ROBERT W. HANSEN, J.

The sole question in this case is: At the time of the fatal injury, was the deceased performing services growing out of and incidental to his employment?

Answering that question begins with the statutory provision under which the application for death benefits was brought. Sec. 102.03 (1), Stats., provides:

"Liability under this chapter shall exist against an employer only where the following...

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