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KLEIN INDUSTRIAL SALVAGE v. ILHR DEPT.

No. 75-628.

80 Wis.2d 457 (1977)

259 N.W.2d 124

KLEIN INDUSTRIAL SALVAGE, and another, Plaintiffs-Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Law Office C. Donald Straub of Milwaukee, and Howard L. Scheeler, of counsel, of Waukesha.

For the respondent Department of Industry, Labor and Human Relations, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Lowell E. Nass, assistant attorney general.

PER CURIAM.

The issue is whether a claimant under the Workers' Compensation Act may be denied benefits pursuant to sec. 102.42(7), Stats., for unreasonable neglect or refusal to submit to surgical treatment if he failed to obtain the needed treatment from a source other than the employer who had denied liability for the medical care.

The hearing examiner of the Department of Industry, Labor & Human Relations...

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