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FARMERS MILL OF ATHENS, INC. v. ILHR DEPT.

No. 79-1272.

97 Wis.2d 576 (1980)

294 N.W.2d 39

THE FARMERS MILL OF ATHENS, INC., Plaintiff-Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Defendant-Appellant, Jerome O. BAUMANN, Defendant.

Court of Appeals of Wisconsin.

Decided May 13, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of U. W. Brandt, Director, James L. Pflasterer, Deputy Director, and Robertamarie Kiley, attorney, Bureau of Legal Affairs, Job Service Division, of Madison.

For the respondent the cause was submitted on the brief of Bradley A. Kennedy and Krueger, Thums, Tlusty & Hittner, S.C., of Schofield.

Before Donlin, P.J., Foley, J., and Dean, J.

DONLIN, P.J.

Jerome Baumann was employed by The Farmers Mill of Athens, Inc., as an assistant store manager at the employer's branch store in Tomahawk, Wisconsin. On December 25, 1977, Baumann fell and injured his elbow. He was not in the course of his employment when the accident occurred. The accident necessitated a physician's care for treatment of his injury. He advised Farmers Mill that he would be temporarily unable to perform his work due to the injury.

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