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WESTINGHOUSE ELECTRIC CORP. v. DEPT. OF LABOR & INDUS.

Nos. 46869, 46871.

94 Wn.2d 875 (1980)

621 P.2d 147

WESTINGHOUSE ELECTRIC CORPORATION, Petitioner, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, ET AL, Respondents. N.A. DEGERSTROM, INC., Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, LILLIAN M. MONTANEY, Petitioner.

The Supreme Court of Washington, En Banc.

December 18, 1980.

Attorney(s) appearing for the Case

Robert V. Holland (of Bogle & Gates), for petitioner Westinghouse Electric Corp.

Fredrickson, Maxey, Bell & Stiley, P.S., by Gaither M. Kodis, for petitioner Montaney.

Eugene Arron (of Walthew, Warner, Keefe, Arron, Costello & Thompson), for respondent Allen.

Slade Gorton, Attorney General, Thomas R. Chapman, Assistant, and James A. Fish, for respondents.

DOLLIVER, J.

These cases have not been consolidated, but inasmuch as the central issue in each case is identical, we are disposing of both appeals by this opinion.

The primary issue in both cases is whether the workers were engaged in an activity within the course of their employment at the time of the accidents. Involved in the determination of this issue is the fact that, although each worker was driving his own...

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