Simonton v. Department of Industry, Labor & Human Relations

The record shows that Van Handel was the owner of a business located in Kaukauna, Wisconsin. He operated a small packing plant, and he also employed a small number of truck drivers for the purpose of delivering cattle from South Dakota to Milwaukee, Green Bay, and Peshtigo. Frank Simonton was hired as a driver sometime in February, 1965, in Watertown, South Dakota. Thereafter, until the time of his death in 1968, he worked first as a part-time employee for Van Handel and eventually as a full-time truck driver.

It was undisputed that, during the years 1965, 1966, and 1967, about 90 percent of…