(a) Employee

Conversion Table Wis. 2d or Wis. to N.W. 2d or N.W.

7. Sec. 101.01(2)(d), Stats. For instance of person not being directed to be in place of employment see United States F. & G. Co. v. Christiansen, 193 Wis. 1 (1927), where employer had not directed employee to work in ditch which caved in. See also Kirchoff v. Janesville, 255 Wis. 202, 206 (1949): "It is also clear from the provisions of the statute that unless the defendant was an employer the plaintiff was not' an employee ..." As to "partner" not being an employee see United States F. & G. Co. v. Christiansen, 193 Wis. 1, 4 (1927).

7a. Keller v. Lloyd, 180 Wis. 2d 162, 509 N.W. 2d 87, 93-94 (Ct. App. 1993).

8. Under the circumstances surrounding the accident, a person employed might qualify as "frequenter" (see "Frequenter" heading, infra). As to loaned employee, see Braun v. Jewett, 1 Wis. 2d 531, 536 (1957): "In the case of the loaned employee, his remedy under the Workmen's Compensation Act is his exclusive remedy against the special employer, and he cannot maintain an action against the special employer for damages resulting from the special employer's negligence or violation of the safe-place statute." However, the court in the Braun case goes on to say [536]: "On the other hand, if the injured man is not an employee of the employer whose servants negligently have caused his injury, he may maintain an action against the latter for his damages, and the general employer (or his insurance carrier) who has paid him workmen's compensation may join in such action.... Unfortunately there is no simple and easy test of general application to determine whether the employee of A who gives some temporary help to B becomes B's loaned employee." See Spodick v. Nash Motor Co., 203 Wis. 211 (1930); Seaman Body Corporation v. Ind. Comm., 204 Wis. 157 (1931); Rhinelander Paper Co. v. Ind. Comm., 206 Wis. 215 (1932); Wisconsin Holding Corporation v. Ind. Comm., 215 Wis. 67 (1932); Northern Trust Co. v. Ind. Comm., 231 Wis. 133 (1939); Combustion Engineering Co., Raymond Pulverizer Division v. Ind. Comm., 254 Wis. 167 (1948); Rogers v. Valley Outdoor Theater Co., 262 Wis. 658 (1953); Edwards v. Cutler-Hammer, Inc., 272 Wis. 54 (1956). See sec. 102.06, Stats. See also Kuske v. Miller Brothers Co., 227 Wis. 300 (1938), where injured employee was held by necessary inference to be frequenter on premises of another employer to which he was sent by his employer for work beneficial to the other employer. The other employer in this case had a quantity of scrap iron on its premises. For the purpose of retaining good will of this other employer defendant sent two employees, plaintiff and another, to break up such scrap iron. Plaintiff used crane on premises of other employer in connection with this work and was injured by unsafe condition thereof. Judgment against other employer in civil action based on safe-place violation was upheld.