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MARYLAND CAS. CO. v. ILHR DEPARTMENT

No. 75-366.

77 Wis.2d 472 (1977)

253 N.W.2d 228

MARYLAND CASUALTY CO., and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, and another, Respondents.

Supreme Court of Wisconsin.

Decided May 3, 1977.

Attorney(s) appearing for the Case

For the appellants there were briefs by Crowns, Merklein, Midthun & Metcalf, and oral argument by Byron Crowns and Jerold Gilbert, all of Wisconsin Rapids.

For the Department of Industry, Labor and Human Relations the cause was argued by Stephen M. Sobota, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent Jean Hazelquist there was a brief by O'Melia, Melby, Smith & Schiek, S. C. and oral argument by William A. Melby, all of Rhinelander.

HANLEY, J.

The sole issue is whether Lillian Onopa, who was the immediate employer of the claimant, was a "contractor under" the appellant Weight Losers within the meaning of sec. 102.06, Stats.

Sec. 102.06, Stats., provides:

"102.06 Joint liability of employer and contractor; loaned employes. An employer shall be liable for compensation to an employe of a contractor or subcontractor under him who...

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