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KLUSENDORF CHEVROLET-BUICK, INC. v. L&IRC

No. 82-628.

110 Wis.2d 328 (1982)

328 N.W.2d 890

KLUSENDORF CHEVROLET-BUICK, INC. and Compass Insurance Company, Plaintiffs-Respondents, v. LABOR & INDUSTRY REVIEW COMMISSION, Paul Klosterman (Deceased) and the State of Wisconsin, Defendants, Lloyd & Delores KLOSTERMAN, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 21, 1982.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the brief of Frank A. Ross, Jr. and Ross and Chatterton Law Offices of Madison.

For the plaintiffs-respondents the cause was submitted on the brief of Bradley D. Armstrong and Steven J. Schooler and Brynelson, Herrick, Gehl & Bucaida of Madison.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

This is a worker's compensation case. The issue is whether Paul Klosterman was an employe of Klusendorf Chevrolet-Buick, Inc., at the time he received injuries causing his death.

FACTS

The Labor and Industry Review Commission made the following findings of fact.

On November 7, 1979, Paul Klosterman took his automobile to be serviced at the Klusendorf garage in Dodgeville. He had previously been employed by Klusendorf to...

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