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HALLER BEVERAGE CORP. v. ILHR DEPARTMENT

No. 197.

49 Wis.2d 233 (1970)

181 N.W.2d 418

HALLER BEVERAGE CORPORATION and another, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS and another, Respondents.

Supreme Court of Wisconsin.

Decided December 4, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Charles W. Sturm and William C. Sturm, both of Milwaukee, and oral argument by William C. Sturm.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by James P. Altman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

The Wisconsin Workmen's Compensation Act provides that ". . . where injury results from the intoxication of the employee, the compensation and death benefit provided herein shall be reduced 15%. . . ."1 The burden of proof is upon the employer to establish: (1) The fact of intoxication; (2) That the injury was caused by the intoxication.2

On the issue as to intoxication, the employer...

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