Columbia Casualty Co. v. Industrial Commission

Liability under the workmen’s compensation act exists against an employer for any accidental injury sustained by an employee where at the time of the accident the employee is performing service growing out of and incidental to his employment. Sec. 102.03, Stats. Batranek, if he was an employee, was injured while performing such service. The sole question is, Was he an employee? The facts are not in dispute, and whether he was an employee is a matter of law.

The appellant contends that under the rule of Leigh Aitchison, Inc. v. Industrial Comm. 188 Wis. 218, 205 N. W. 806, Batranek was not an…