Bergner v. Industrial Commission

The sole question in this case is: At the time of the fatal injury, was the deceased performing services growing out of and incidental to his employment ?

Answering that question begins with the statutory provision under which the application for death benefits was brought. Sec. 102.03 (1), Stats., provides:

“Liability under this chapter shall exist against an employer only where the following conditions concur:

“ (c) 1. Where, at the time of the injury, the employee is performing service growing out of and incidental to his employment. . . .

“ (f) Every employee whose employment requires him to…