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MATTER OF DEATH OF WORCESTER

No. 50655.

576 P.2d 1168 (1978)

In the Matter of the DEATH OF Kenneth Ray WORCESTER. Albina WORCESTER and the State Industrial Court of the State of Oklahoma, Respondents, v. Kenneth COLE, d/b/a Cole Trucking Company, Petitioner.

Supreme Court of Oklahoma.

March 28, 1978.

Attorney(s) appearing for the Case

John S. Oldfield, Jr., Dyke Hoppe, Legal Intern, Oklahoma City, Tom Shaw, Tishomingo, for petitioner.

J. Clark Russell, Russell, Payne & Farber, Oklahoma City, for respondent.

LAVENDER, Vice Chief Justice:

Albina Worcester filed claim as dependent mother, who suffered pecuniary loss from death of Kenneth Ray Worcester, killed June 29, 1975, while operating a truck owned by Kenneth Cole, d/b/a Cole Trucking Company.

Petitioner, hereafter respondent, defended this claim on grounds: (1) Deceased was an independent contractor; claimant was not a dependent; (2) respondents had no employees...

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