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NIGBOR v. DILHR

No. 82-2357.

115 Wis.2d 606 (1983)

240 N.W.2d 918

Eugene NIGBOR (Deceased), and Glenda Nigbor, Plaintiffs-Appellants, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, McQuay Perfex Corporation, Liberty Mutual Insurance Company and the State of Wisconsin, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 20, 1983.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Richard J. Rathjen and Rudolph, Kubasta, Rathjen & Murach of Wautoma.

For the defendant-respondent Department of Industry, Labor and Human Relations the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Gordon Samuelsen, assistant attorney general.

For the defendants-respondents McQuay Perfex Corporation and Liberty Mutual Insurance Company the cause was submitted on the brief of M. Christine Cowles and Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

This is an appeal from a judgment of the circuit court affirming an order of the Labor and Industry Review Commission denying worker's compensation benefits for the death of appellant's husband. Three issues are presented. First, whether the circuit court was competent to render a valid judgment.1 Second, whether, at the time of his fatal injury, decedent was performing services growing out of and incidental

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