Zurich General Accident & Liability Co. v. Industrial Commission

On rehearing.

The following opinion was filed June 18, 1928:

Doerfler, J.

In this case this court granted a rehearing to ,the plaintiffs. On the motion for rehearing and on the rehearing it was urged by counsel for the plaintiffs that under sec. 102.09 (4a) of the Statutes it becomes necessary on the part of the claimant to establish dependency by a preponderance of the evidence, before the Commission can order an award. Such was the holding in Wisconsin Drainage Co. v. Industrial Comm. 161 Wis. 42, 152 N. W. 460. The test as there laid down as a basis for an award consists of the inquiry as to…