Employers Mutual Liability Insurance v. Department of Industry, Labor & Human Relations

Two issues have been presented:

1. Was the claimant Bernard Hendrix an employee of Starline Trucking Corporation at the time of his injury?

2. Did the injury occur while Hendrix was performing services growing out of and incidental to his employment?

It is the position of Starline and its insurance carrier that Hendrix was not an employee within the meaning of the Workmen’s Compensation Act at the time of the injury.

Sec. 102.07, Stats., of the Workmen’s Compensation Act defines employee.

Sec. 102.07 (4), Stats., is a general definition of employee and is as follows:

*519“Every person in the service of…