DARCO TRANSP. v. DULEN

No. 84374.

922 P.2d 591 (1996)

DARCO TRANSPORTATION and State Insurance Fund, Petitioners, v. Elmer O. DULEN and The Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied September 13, 1996.


Attorney(s) appearing for the Case

Kelly M. Greenough, Robert Highsaw, State Insurance Fund, Tulsa, for Petitioners.

Matthew J. Graves, John S. Oldfield, Oldfield & Coker, Oklahoma City, for Respondents.


OPALA, Justice.

The answers to two questions are dispositive of whether Dulen's [employee or claimant] injuries are compensable under Oklahoma's workers' compensation regime. The pertinent queries are: (1) Had the claimant abandoned his employment when he was injured? and (2) Is the risk of being struck by a train at a railroad crossing purely personal or does it have a causal connection with, so as to arise out of, Dulen...

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