N. A. Degerstrom, Inc. v. Department of Labor & Industries

N. A. Degerstrom, Inc., a highway construction company, appeals a judgment awarding widow’s benefits to Lillian Montaney on a workers' compensation claim. The Department of Labor and Industries had denied her claim; the Board of Industrial Insurance Appeals, by a 2 to 1 majority, reversed. The board and the trial court found Kenneth Montaney, who at the time of his death was traveling from his jobsite, was within the course of his employment.

Montaney, a skilled grader operator, was killed in a 1-car, unwitnessed accident, on the evening of October 3, or the early morning of October 4, 1974.…