Stewart v. Industrial Commission

The defendant employee appeals from a judgment vacating the award of the Industrial Commission to him as an employee of the plaintiff for the loss of an eye that resulted from an accident that occurred while the employee was at work in a garage operated by the employer. There is no dispute as to the employment, the injury, or the resulting loss. The plaintiff claimed that during the time of the applicant’s employment prior to the injury he did not have in his employ the necessary three workmen to bring him under the statute, sec. 102.04 (2), but the commission found the fact against the…