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CARLSON v. DEPT. OF MILITARY AFFAIRS

Record No. 1626-97-2.

496 S.E.2d 107 (1998)

26 Va. App. 600

Janine Nannette CARLSON, et al. v. DEPARTMENT OF MILITARY AFFAIRS/COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 17, 1998.

Attorney(s) appearing for the Case

Benjamin H. Woodbridge, Jr. (Woodbridge & Reamy, on brief), Fredricksburg, for appellants.

Ingrid E. Olson, Assistant Attorney General (Richard Cullen, Attorney General; Gregory Lucyk, Senior Assistant Attorney General, on brief), for appellee.

Present: BENTON and COLEMAN, JJ., and COLE, Senior Judge.

BENTON, Judge.

Timothy Eric Carlson, a member of the Virginia National Guard, was killed in a car accident while en route to his base for training. His widow, Janine Carlson, appeals from a Workers' Compensation Commission decision denying an award of death benefits and funeral expenses. The commission ruled that Carlson's death did not arise out of, or in the course of, his employment because Carlson's death occurred while he was going to work and did not fall within...

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