Hansen v. Industrial Commission
| Decision Date | 06 March 1951 |
| Citation | 258 Wis. 623,46 N.W.2d 754 |
| Parties | HANSEN, v. INDUSTRIAL COMMISSION et al. |
| Court | Wisconsin Supreme Court |
Kivett & Kasdorf, Milwaukee, for appellant.
Vernon W. Thomson, Atty. Gen., and Mortimer Levitan, Asst. Atty. Gen., for respondents.
Stroud, Stebbins, Wingert & Stroud, Madison, for Blackhawk Mfg. Co.
The facts submitted for consideration are that Hansen was an employee of respondent, that his duties were those of a traveling salesman, and while in Nogales, Arizona in discharge of his duties, at the close of the day he arranged for his dinner. The statute in which the commission must find the guiding regulations for determining whether the appellant was entitled to an award is section 102.03(1)(f) of the Wisconsin Statutes. Under this section every employee whose employment requires him to travel is to be deemed while so engaged to be performing service growing out of and incidental of his employment. This applies at all times while he is on a trip, and any injury occurring during such employment shall be deemed to arise out of his employment. It would seem to follow that if all that can be learned about the injury from the circumstances and from the testimony of individuals would leave the matter within the realm of speculation, then he must be deemed to be within the scope of his employment. The inference arising from the employment controls unless there is evidence which overpowers that inference. The provision against any unjust claim arises from the exception which is included in the statute providing that when the traveling salesman is injured during a deviation from his employment for a private or personal purpose, he is not under the protection of the statute. But 'acts reasonably necessary for living shall not be regarded as such deviation.' The complexities of daily existence undoubtedly prompted the legislation, which plainly is calculated to be an effort to overcome ambiguities and uncertainties likely to arise from words used and from circumstances which prove nothing but are liable to create confusion between the variation of actions which arise between the cessation of positive acts of salesmanship and the acts during the rather passive or indifferent interval between then and the resumption of efforts the following day. The commission was of the opinion, and the circuit court agreed, that 'it would be speculative, however, to find that at time of injury he was performing service growing out of and incidental to his employment with the respondent; that it would be speculative to find that the accident causing injury arose out of the employment with the respondent.' It may well be that the injury from which the deceased suffered was in its nature independent of his employment, but it occurred while he was traveling for the employer, and unless there is evidence of a deviation 'any injury occurring during such employment shall be deemed to arise out of his employment * * *.' The next important provision in the statute is found in the...
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...for the last fifty-three years. See e.g., Armstrong v. Industrial Comm'n, 254 Wis. 174, 35 N.W.2d 212 (1948); Hansen v. Industrial Comm'n, 258 Wis. 623, 46 N.W.2d 754 (1951). Finally, LIRC's interpretation of Wis. Stat. § 102.03(1)(f) will provide uniformity in the application of the statut......
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