Tews Lime & Cement Co. v. Department of Industry, Labor & Human Relations

From the briefs and arguments of counsel four issues are presented:

1. Was the heart attack suffered by the deceased, Eugene Louis Miller, an accidental injury compensable under the Workmen’s Compensation Act, ch. 102, Stats., 1963?

2. Was Miller’s act of returning to work a refusal to follow medical treatment within the meaning of sec. 102.42 (7), Stats.?

3. Should the award be set aside as being the result of a constructive fraud upon the employer?

4. Was the commission required to make a finding concerning Miller’s alleged refusal to follow medical advice?

The first issue is whether the fatal…