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TATE v. CITY OF JUNCTION CITY

No. 91,065.

32 Kan.App. 2d 832 (2004)

90 P.3d 359

HOWARD H. TATE (Deceased), Appellant, v. CITY OF JUNCTION CITY, and KANSAS EASTERN REGION INS., TRUST, Appellees.

Court of Appeals of Kansas.

Opinion filed May 21, 2004.

Attorney(s) appearing for the Case

Scott J. Mann, of Mann Law Offices, of Hutchinson, for appellant.

Frederic J. Greenbaum and Robert J. Wonnell, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for appellees.

Before MARQUARDT, P.J., PIERRON and GREEN, JJ.

GREEN, J.

This appeal arises from a decision of the Workers Compensation Board (Board) to deny death benefits to Barbara Tate, the surviving spouse of Howard Tate. Howard was killed in a single-car accident on his way to work overtime for the City of Junction City (City). The Board determined that because Howard was killed on his way to assume the duties of employment, Howard's death did not occur in the course of employment.

The single question on appeal...

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