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WACHS v. W.C.A.B. (AMERICAN OFFICE SYSTEMS)

884 A.2d 858 (2005)

Judith WACHS, Widow of James Wachs, Deceased v. WORKERS' COMPENSATION APPEAL BOARD (AMERICAN OFFICE SYSTEMS and Donegal Mutual Insurance Company) Appeal of American Office Systems and Donegal Mutual Insurance Company.

Supreme Court of Pennsylvania.

Decided October 21, 2005.

Attorney(s) appearing for the Case

Terrence E. Dempsey, Brian J. Butler, Scranton, for American Office Systems & Donegal Mut. Ins. Co., appellants.

Amber Marie Kenger, Richard C. Lengler, Harrisburg, for W.C.A.B., appellee.

Charles J. Bufalino, West Pittston, for Judith Wachs, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

Judith Wachs, appellee, is the widow of James Wachs who was killed in an automobile accident while driving a company vehicle on his way to work for appellant American Office Systems (AOS). Appellee filed a Workers' Compensation fatal claim petition seeking benefits. Appellant Donegal Insurance denied coverage, stating decedent was not in the course and scope of his employment at the time of the accident; he was merely en route...

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