Kraynick v. Industrial Commission

The appellant urges us to adopt a judicial presumption that an unexplained fall occurring in the course of employment “arises out of his employment,” as that expression is used in sec. 102.03 (1) (e), Stats. The answer to this proposal is contained in Nielsen v. Industrial Comm. (1961), 14 Wis. (2d) 112, 118, 109 N. W. (2d) 483, where this court said:

“Human experience does not attest all accidents or a sufficient share of them, occurring on an employer’s premises, arise out of the employment as that term has been defined by this court. If such a working tool is to exist in the fact-finding…