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LEWELLYN v. ILHR DEPARTMENT

38 Wis.2d 43 (1968)

LEWELLYN, Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Appellants.

Supreme Court of Wisconsin.

February 2, 1968.

Attorney(s) appearing for the Case

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

For the appellant Briggs & Stratton Corporation there was a brief by Brady, Tyrrell, Cotter & Cutler, attorneys, and Elwin J. Zarwell, Peter W. Bunde, and Michael J. Spector of counsel, all of Milwaukee, and oral argument by Mr. Spector.

For the respondent there was a brief by Habush, Gillick, Habush & Davis and Lawrence D. Gillick, all of Milwaukee, and oral argument by Lawrence D. Gillick.

BEILFUSS, J.

We deem the determinative issues to be:

1. Did the commission make a finding that the disc herniation at the fourth lumbar intervertebral space did not occur as a result of the work incident on March 11, 1963 and, if so, is this finding supported by credible evidence?

2. Is an employee entitled to recover under the Workmen's Compensation Act when a preexisting degenerative condition becomes manifest in a normal nonstrenuous work activity...

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