BLANCHARD v. KOCH REFINING CO.

No. 48439.

282 N.W.2d 495 (1979)

Marjorie BLANCHARD, widow of George Blanchard, Deceased employee, Respondent, v. KOCH REFINING COMPANY, et al., Relators.

Supreme Court of Minnesota.

May 4, 1979.


Attorney(s) appearing for the Case

Ronald O. W. Ylitalo, St. Paul, for relators.

Abrams & Spector and Richard B. Abrams, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


KELLY, Justice.

The employer and insurer seek review of a decision of a divided Workers' Compensation Court of Appeals awarding dependency benefits to respondent, the widow of the deceased employee. Our review of the record compels the conclusion that the court of appeals erred in holding that respondent sustained her burden of proving that employee's death arose out of and in the course of his employment.

Employee's work occasionally required him to check...

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