Black River Dairy Products, Inc. v. Department of Industry, Labor & Human Relations

The issue before us is whether the evidence is sufficient to sustain the finding that the workmen’s compensation claimant, who was injured in a fall going from his home to his delivery truck, was performing services incidental to his employment or that the injury arose from his employment.

Donald L. Smith, age forty, sustained a back injury on December 29, 1969, when walking from the back door of his home in Green Bay to his delivery truck which was parked in his driveway. Smith was a salesman of Roma Pizza for the respondent Black River Dairy Products, Inc., of Eau Claire, Wisconsin. For…