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MONDRAGON v. A & L REFORESTATION, INC.

No. 22169.

939 P.2d 1384 (1997)

130 Idaho 305

Gloria MONDRAGON, surviving spouse of Trinidad Mondragon, decedent, individually and as the guardian of and on behalf of: D'Nelia Susana Mondragon, Anthony David Mondragon, Angel James Mondragon, Adrian Trinidad Mondragon, and Andrew Joshua Mondragon, minors, Claimants-Appellants, v. A & L REFORESTATION, INC., employer, and State Insurance Fund, surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 1996 Term.

July 8, 1997.

Attorney(s) appearing for the Case

Richard S. Owen, Nampa, for claimants-appellants.

Evans, Keane, Koontz, Boyd, Simko & Ripley, Boise, for defendants-respondents.

JOHNSON, Justice.

This is a workers' compensation case. We conclude: (1) there is substantial and competent evidence to support the finding of the Industrial Commission (the Commission) that the employee's death did not arise out of the course and scope of his employment, (2) the Commission correctly applied the dual purpose doctrine, and (3) the Commission was correct in refusing to apply the remote work site doctrine.

I.

THE BACKGROUND AND PRIOR...

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