Allied Manufacturing, Inc. v. Department of Industry, Labor & Human Relations

The sole issue on this appeal is: Did the evidence establish that the accident (assault) which caused deceased’s injuries arise out of her employment?

This court has previously stated that in order to establish liability of an employer under the Workmen’s Compensation Act, the employee must establish that he was not only performing services growing out of and incidental to his employment, but also that the accident causing his injury arose out of his employment. Sec. 102.03 (1) (c) and (e), Stats. Cutler-Hammer, Inc. v. Industrial Comm. (1958), 5 Wis. 2d 247, 92 N. W. 2d 824. These…