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IN RE McDANIEL

No. 9014.

367 P.2d 302 (1961)

In the Matter of the Death of Earl A. McDANIEL. Kathryn McDANIEL, Surviving Widow, Claimant-Respondent, v. IDAHO LAKEVIEW MINES COMPANY, Employer, and State Insurance Fund, Surety, Defendants-Appellants.

Supreme Court of Idaho.

December 18, 1961.

Attorney(s) appearing for the Case

Coughlan & Imhoff, Boise, for appellants.

Stephen Bistline, Sandpoint, John W. Gunn, Boise, Legal Counsel for Employment Security Agency, for respondent.

McQUADE, Justice.

Plaintiff Kathryn McDaniel was the wife and only dependent of Earl A. McDaniel at the time of his demise. The widow claimed death benefits under Workmen's Compensation Law; based upon this claim, an award of compensation was made by the Industrial Accident Board. This appeal revolves around the finding of the Industrial Accident Board that the fatal injury to McDaniel arose out of his employment.

McDaniel, age 52 at the time of his death...

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