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BURTON v. ILHR DEPARTMENT

No. 210.

43 Wis.2d 218 (1969)

168 N.W.2d 196

170 N.W.2d 695

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

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John A. Moore of Oshkosh.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

This claim for workmen's compensation benefits by an Oshkosh fireman involves a preexisting condition and two incidents, the first work—connected and the second not work-connected. If a link exists between the two incidents, the applicant is entitled to benefits under the compensation act. If such link does not exist, the claim for benefits under the compensation act fails.

The preexisting condition is an abnormal growth of bone...

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