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SIMONTON v. ILHR DEPARTMENT

No. 272.

62 Wis.2d 112 (1974)

214 N.W.2d 302

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

Supreme Court of Wisconsin.

Decided February 5, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

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

For the respondent Employers Insurance of Wausau there was a brief by H. R. Klueter, attorney, and George P. Anderson of counsel, both of Wausau, and oral argument by George P. Anderson.

HEFFERNAN, J.

The record shows that Van Handel was the owner of a business located in Kaukauna, Wisconsin. He operated a small packing plant, and he also employed a small number of truck drivers for the purpose of delivering cattle from South Dakota to Milwaukee, Green Bay, and Peshtigo. Frank Simonton was hired as a driver sometime in February, 1965, in Watertown, South Dakota. Thereafter, until the time of his death in 1968, he

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