Schwab v. Department of Industry, Labor & Human Relations

The principal issue raised on this appeal is whether there is credible evidence from which the commission could infer that at the time of his accident Charles Schwab was not performing services incidental to his employment and that his injuries and eventual death therefrom did not arise out of his employment within the meaning of sec. 102.08, Stats., of the Workmen’s Compensation Act.

Applicants-appellants seek recovery under sec. 102.03, Stats., which reads in part as follows:

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

a

“(c) 1.…