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BLACK RIVER DAIRY PRODUCTS, INC. v. ILHR DEPT.

No. 87.

58 Wis.2d 537 (1973)

207 N.W.2d 65

BLACK RIVER DAIRY PRODUCTS, INC., and another, Respondents, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Appellants.

Supreme Court of Wisconsin.

Decided May 14, 1973.

Attorney(s) appearing for the Case

For appellant 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.

For the respondents there was a brief and oral argument by H. R. Klueter of Wausau.

BEILFUSS, J.

The issue before us is whether the evidence is sufficient to sustain the finding that the workmen's compensation claimant, who was injured in a fall going from his home to his delivery truck, was performing services incidental to his employment or that the injury arose from his employment.

Donald L. Smith, age forty, sustained a back injury on December 29, 1969, when walking from the back door of his home in Green Bay to his delivery truck which...

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