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WHALE COMMUNICATIONS v. OSBORN

No. 87CA1766.

759 P.2d 848 (1988)

WHALE COMMUNICATIONS d/b/a Radio Station Magic 99, Petitioner, v. Claimants in the Matter of the DEATH OF Susan Lee OSBORN and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

July 7, 1988.

Attorney(s) appearing for the Case

Frasher, Trechter, Gradisar & Wilson, Nicholas Gradisar, Pueblo, for petitioner.

Jon C. Thomas, P.C., Jon C. Thomas, Colorado Springs, for respondent claimants of Susan Lee Osborn.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Gregory K. Chambers, Asst. Atty. Gen., Denver, for respondent Industrial Claim Appeals Office of the State of Colo.

STERNBERG, Judge.

Whale Communications, d/b/a Radio Station Magic 99 (employer) contests the final order of the Industrial Claim Appeals Office (Panel) which awarded workmen's compensation benefits for the death of Susan Lee Osborn (employee). We affirm and remand with directions.

For purposes of our review we assume that employee was killed while driving her own automobile from her office to her home, although, arguably, she could have been driving to the...

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