Bruns Volkswagen, Inc. v. Department of Industry, Labor & Human Relations

Bruns Volkswagen appeals from the circuit court’s judgment affirming an award of worker’s compensation benefits to Mathew Baumgartner. The issues are whether Baumgartner’s injury arose out of his employment and whether he was performing services growing out of and incidental to his employment at the time of the injury. The hearing examiner resolved those issues in favor of the employee, the Labor and Industry Review Commission affirmed those findings, and the trial court affirmed. We affirm.

The facts are essentially undisputed on appeal. Baum-gartner was foreman of the Bruns automobile repair…