Erickson v. Department of Industry, Labor & Human Relations

The issue on appeal is whether there is credible evidence to support the examiner’s finding that Erickson did not sustain the injury to his back on August 23,1967, as alleged.

If there is credible evidence to support the findings of the department, such findings will not be upset on appeal. R. T. Madden, Inc. v. ILHR Department (1969), 43 Wis. 2d 528, 169 N. W. 2d 73. It is the duty of the department to deny compensation if it finds a legitimate doubt exists regarding the facts necessary to establish a claim.

“ ‘It is an elementary principle of law that the applicant has the burden of proof in…