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ERICKSON v. ILHR DEPARTMENT

No. 191.

49 Wis.2d 114 (1970)

181 N.W.2d 495

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

Supreme Court of Wisconsin.

Decided December 1, 1970.

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 briefs was Robert W. Warren, attorney general.

For the appellants Olin Mathieson Chemical Corporation and Travelers Insurance Company there was a brief by Stafford, Rosenbaum, Rieser & Hansen and Ralph Wm. Bushnell, all of Madison, and oral argument by Mr. Bushnell.

For the respondent there was a brief by Hart, Wightman & Thurow and Walter D. Thurow, all of Madison, attorneys, and Francis Bannen of Wisconsin Dells, of counsel, and oral argument by Walter D. Thurow.

CONNOR T. HANSEN, J.

The issue on appeal is whether there is credible evidence to support the examiner's finding that Erickson did not sustain the injury to his back on August 23, 1967, as alleged.

If there is credible evidence to support the findings of the department, such findings will not be upset on appeal. R. T. Madden, Inc. v. ILHR Department (1969), 43 Wis.2d 528, 169 N.W.2d 73

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