Opinion
May 9, 1958 —
June 3, 1958.
APPEAL from a judgment of the circuit court for Dane county: RICHARD W. BARDWELL, Circuit Judge. Affirmed.
For the appellant there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.
For the respondents there was a brief and oral argument by Francis Lamb, special counsel, of Madison.
Action by the state of Wisconsin to review an order of the Industrial Commission awarding compensation to Monica Kersten.
The claimant in this case was employed by the College of Agriculture of the University of Wisconsin. She resided on Breese terrace in the city of Madison and was on her way to work at an office in Agriculture Hall on October 26, 1954, shortly before 8 a. m. when she was injured by falling on Linden drive. An examiner for the Industrial Commission found that the claimant's injury occurred while on the premises of the employer. The Industrial Commission affirmed upon a petition for review. An action to review the order of the Industrial Commission was commenced. Judgment was entered on the 29th day of November, 1957, confirming the order and award. The state of Wisconsin appealed.
This case was presented with the case of States v. Industrial Comm., ante, p. 472, 90 N.W.2d 397, both in the circuit court and before this court. The facts are similar. Here the employee was going to work at her place of employment upon premises owned and controlled by the university upon the roadway provided by the university therefor. She was proceeding by her usual route and in a direct way to Agriculture Hall. She was upon that portion of the campus devoted to the activities of the College of Agriculture with which she was associated. The decision in the companion case controls our determination here.
By the Court. — Judgment affirmed.