292 N.W. 878 | Wis. | 1940
Action begun May 13, 1939, by Employers Mutual Liability Insurance Company and St. Mary's Hospital against the Industrial Commission and Kathryn Deluhery to vacate an interlocutory award by the commission. From a judgment confirming the award, plaintiffs appeal.
Injuries for which compensation was given resulted from the fall of a student nurse on the rear porch of the dormitory. She was a member of a class in the nursing school operated at the hospital, and lived in a cottage on its property. As other student nurses, she paid a $5 entrance fee and $85 for books and uniforms for the three-year training period. Her board, room, and laundry were furnished for services rendered the hospital during the training period. The regular rising hour for all students was 6 a.m., and they were required to report for roll call at 6:30, attend morning prayer, and begin work immediately after breakfast. On Thursday mornings Mass. was conducted from 5:45 to 6:30 a.m. in a chapel in the hospital. A statement in the school bulletin under the heading "religion" stated:
"Catholic students are expected to make use of the many opportunities for the practice of their religion which the school offers."
The claimant is a member of the Catholic faith.
The accident occurred Thursday, January 28, 1937, at about 5:45 a.m., as she was walking to the hospital, and on hospital property. The commission found that at the time of her injury applicant was in the employ of the hospital; that she was performing service growing out of and incidental to her employment; and that the accident causing the injury arose out of the employment. This award was confirmed by the circuit court. *272
The plaintiffs allege that the commission acted without and in excess of its powers and contrary to law in awarding compensation in that there was no credible evidence to support findings that the applicant at the time of the injury was in the employ of St. Mary's Hospital; was performing service growing out of and incidental to her employment; and that the accident causing the injury arose out of the employment.
The relation of employer and employee existed between the hospital and the claimant. Sec.
The claimant was injured while on her way to work in the ordinary and usual way, and while on the employer's premises. Sec.
The evidence shows that claimant was proceeding in a manner which the employer accepted as ordinary and usual for the employee to come to work. No deviation had occurred up to the time of her injury. We do not say that had she been injured while taking part in the religious services, although invited to take such part by her employer, she then would have been injured in the course of her employment; but we do hold that at the time she was injured she was in the line of employment and is to be deemed to be performing services growing out of and incidental thereto.
By the Court. — Judgment affirmed, and cause remanded for further proceedings according to law.