No. 751 (1974).

72 Wis.2d 217 (1976)

240 N.W.2d 173

SCHWARTZ, widow, and others, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, and others, Respondents.

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief by Michael L. Wagner of Fond du Lac, and oral argument by G. L. MacKenzie of Oshkosh.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


The facts are not in dispute. Robert L. Schwartz, the deceased, was employed by J. F. Ahern Company. In the course of his employment, he sustained a fatal compensable injury. He was survived by his wife and four minor children.

The employer conceded that circumstances surrounding the death included its violation of a lawful order issued by the Department of Industry, Labor & Human Relations (hereinafter department). Therefore, the...

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