Dibble v. Department of Industry, Labor & Human Relations

The issue is: Is there sufficient credible evidence to support the finding that the accident occurred while the decedent was engaged in a deviation from his employment in an act not reasonably necessary for living or incidental thereto within the meaning of the Workmen’s Compensation Act?

The controlling statutory provisions are:

“102.03 Conditions of liability. (1) 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 employe is performing service growing out of and incidental to his employment. . .…