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THEODORE FLEISNER, INC. v. ILHR DEPARTMENT

No. 261.

65 Wis.2d 317 (1974)

222 N.W.2d 600

THEODORE FLEISNER, INC., and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1974.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kasdorf, Henderson, Dall, Lewis & Swietlik, attorneys, and Nonald J. Lewis and William M. Cannon of counsel, all of Milwaukee, and oral argument by Mr. Cannon.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Stephen M. Sobota, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general, and for the respondent Theodore Fleisner there was a brief by Joseph J. Welcenbach and Charlton, Yanisch & Greco, all of Milwaukee, and oral argument by Earl A. Charlton.

WILKIE, C. J.

This appeal involves a judgment confirming a Department of Industry, Labor & Human Relations order awarding defendant-respondent Theodore Fleisner workmen's compensation for damages resulting from a heart attack he suffered while digging in a ditch. Two issues are presented: (1) Does credible evidence support the department's finding that the heart attack arose from Fleisner's employment? It does. (2) Did the department commit prejudicial error in...

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