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N.A. DEGERSTROM v. LABOR & INDUS.

No. 2927-1-III.

25 Wn. App. 97 (1980)

604 P.2d 1337

N.A. DEGERSTROM, INC., Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant, LILLIAN M. MONTANEY, Respondent.

The Court of Appeals of Washington, Division Three.

January 3, 1980.

Attorney(s) appearing for the Case

James A. Fish, Fish, Schultz & Tombari, Slade Gorton, Attorney General, and Thomas R. Chapman, Assistant, for appellants.

Patrick K. Stiley and Fredrickson, Maxey & Bell, for respondent.

MUNSON, J.

N.A. Degerstrom, Inc., a highway construction company, appeals a judgment awarding widow's benefits to Lillian Montaney on a workers' compensation claim. The Department of Labor and Industries had denied her claim; the Board of Industrial Insurance Appeals, by a 2 to 1 majority, reversed. The board and the trial court found Kenneth Montaney, who at the time of his death was traveling from his jobsite, was within the course of his employment.

Montaney...

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