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TEWS LIME & CEMENT CO. v. ILHR DEPARTMENT

38 Wis.2d 665 (1968)

TEWS LIME & CEMENT COMPANY and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Respondents.

Supreme Court of Wisconsin.

May 7, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

For the respondents Department of Industry, Labor & Human Relations and the state of Wisconsin the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

BEILFUSS, J.

From the briefs and arguments of counsel four issues are presented:

1. Was the heart attack suffered by the deceased, Eugene Louis Miller, an accidental injury compensable under the Workmen's Compensation Act, ch. 102, Stats., 1963?

2. Was Miller's act of returning to work a refusal to follow medical treatment within the meaning of sec. 102.42 (7), Stats.?

3. Should the award be set aside as being the result of a constructive fraud...

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