SCHWAB v. ILHR DEPARTMENT

No. 53.

40 Wis.2d 686 (1968)

162 N.W.2d 548

SCHWAB and others, by guardian ad litem, and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Respondents.

Supreme Court of Wisconsin.

Decided November 26, 1968.


Attorney(s) appearing for the Case

For the appellants there was a brief by Schmitt, Wurster, Nienow, Nickel & Nolan and Leonard F. Schmitt, guardian ad litem, all of Merrill, attorneys, and Theiler & Seroogy of Tomahawk of counsel, and oral argument by M. Michael Nolan.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Donald P. Johns, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondents Owens-Illinois, Forest Products Division, and The Aetna Casualty & Surety Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Clayton R. Hahn of counsel, all of Milwaukee, and oral argument by Mr. Hahn.


WILKIE, J.

The principal issue raised on this appeal is whether there is credible evidence from which the commission could infer that at the time of his accident Charles Schwab was not performing services incidental to his employment and that his injuries and eventual death therefrom did not arise out of his employment within the meaning of sec. 102.03, Stats., of the Workmen's Compensation Act.

Applicants-appellants seek recovery under sec. 102.03, Stats...

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