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WINDUST v. DEPT. OF LABOR & IND.

No. 33918.

52 Wn.2d 33 (1958)

323 P.2d 241

ALMA M. WINDUST, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Respondents.

The Supreme Court of Washington, En Banc.

March 20, 1958.

Attorney(s) appearing for the Case

Chester A. Lesh and E.L. Casey, for appellant.

The Attorney General, John C. Martin, Assistant, and Seth W. Morrison (of Allen, DeGarmo & Leedy), for respondents.

MALLERY, J.

Aubra H. Windust died on March 29, 1954, at the age of sixty-one years, while working for the Glacier Sand and Gravel Company as an operator of a ready-mix concrete truck.

On April 28, 1954, his widow filed a claim for a pension with the department of labor and industries, which the supervisor rejected upon the ground that there was no injury within the contemplation of the workmen's compensation act. The board of industrial insurance appeals sustained...

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