Nielsen v. Industrial Commission

The sole question for determination is whether there exists a presumption that an unexplained fall of an employee on the employer’s premises arises out of the employment. This question has not heretofore been decided by this court, but was pointed out and reserved for future decision in Peterson v. Industrial Comm. (1955), 269 Wis. 44, 68 N. W. (2d) 538.

It is, of course, elementary the applicant has the burden of proving all the facts essential to the recovery of compensation, and if the applicant fails to meet such burden of proof, the commission has the duty to deny the application.…