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Matter Death Glen v. South. Edna South V.

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eBook details

  • Title: Matter Death Glen v. South. Edna South V.
  • Author : Supreme Court of Idaho No. 9891
  • Release Date : January 20, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

Appellant's husband was fatally injured in an automobile accident while driving to his place of employment. Contending that the death was compensable under the Workmen's Compensation Law of this state, appellant filed a petition for a hearing on her claim for compensation before the Industrial Accident Board in a proceeding against her husband's employer, respondent Bonner County, Idaho, School District No. 82 and its surety, respondent State Insurance Fund. After a hearing, the Board found that appellant had failed to establish that the accident had arisen ""out of and in the course and scope of his [appellant's husband's] employment,"" and entered an order denying appellant's claim. This is an appeal from that order. The record discloses that appellant's husband was employed by respondent school district as head custodian and janitor at the district's senior high school on Division Street near Sandpoint, Idaho. When school was in session, his normal, required, work schedule each weekday was a split shift: from sometime prior to 8:00 a. m. to 12 noon; and from sometime after 4:00 p. m. till early evening, perhaps 8:00 p. m. While driving towards the high school to begin his afternoon shift on January 25, 1965, appellant's husband was fatally injured when his automobile was struck by a large truck at the diagonal intersection of Highway 2 and Division Street at Sandpoint. The accident occurred at a point about one-sixth of a mile southerly from the high school, while he was attempting to turn off the highway onto the easterly lane of Division Street, the street on which he ordinarily drove to the school.


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