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SOLDIER CREEK COAL CO. v. BAILEY

No. 20543.

709 P.2d 1165 (1985)

SOLDIER CREEK COAL COMPANY and/or State Insurance Fund, Plaintiffs, v. Andrea E. BAILEY, Widow of Ricky Alan Bailey, deceased, and/or Industrial Commission of Utah, Defendants.

Supreme Court of Utah.

November 14, 1985.

Attorney(s) appearing for the Case

James R. Black, Salt Lake City, for plaintiffs.

Robert J. Shaughnessy, Timothy C. Houpt, Salt Lake City, for defendants.

ZIMMERMAN, Justice:

This is an appeal from an order of the Utah Industrial Commission reversing an administrative law judge's denial of compensation benefits to Andrea E. Bailey, the surviving spouse of a worker who died in a single-car accident on his way to work. We conclude that Bailey's death did not arise "out of or in the course of his employment," as required by section 35-1-45 of the Utah Workers' Compensation Act, and reverse the decision of the Industrial...

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