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ALLIED MFG., INC. v. ILHR DEPARTMENT

No. 48.

45 Wis.2d 563 (1970)

173 N.W.2d 690

ALLIED MANUACTURING, INC., and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and others, Respondents.

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Robert W. Connell of Milwaukee.

For the respondents Department of Industry, Labor & Human Relations and State of Wisconsin the cause was argued by Donald P. Johns, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HANLEY, J.

The sole issue on this appeal is: Did the evidence establish that the accident (assault) which caused deceased's injuries arise out of her employment?

This court has previously stated that in order to establish liability of an employer under the Workmen's Compensation Act, the employee must establish that he was not only performing services growing out of and incidental to his employment, but also that the accident causing his injury arose out of...

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