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EMPLOYERS MUT. LIA. INS. CO. v. ILHR DEPT.

No. 148.

52 Wis.2d 515 (1971)

190 N.W.2d 907

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief by Hart, Wightman & Thurow and Walter D. Thurow, all of Madison, and oral argument by Walter D. Thurow.

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

BEILFUSS, J.

Two issues have been presented:

1. Was the claimant Bernard Hendrix an employee of Starline Trucking Corporation at the time of his injury?

2. Did the injury occur while Hendrix was performing services growing out of and incidental to his employment?

It is the position of Starline and its insurance carrier that Hendrix was not an employee within the meaning of the Workmen's Compensation Act at the time of the injury.

Sec...

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