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Show THE DAILY RECORD 10, 1970 Tl'KSDAY, FKUKUAUY FINANCING STATEMENTS T i-i- : l'i It Jofferroii St, 1st Thrift! Yvonne sic to Sartor, TV Aravin Ct, sic to oinn let Thrift; hh ds nci R ThoTas 1111 L'ars, A to Nit Fin; fun- - onrfl.'i .fiiiflall 3utv An AOnl R 1555 Lnek'n-Tt- Dot C R Pet,rr.hh, d Lawr' ce J Ridii.p, 1456 Chas sic 4230 S, R t thrift; Clido Pons, L Scott, t59 IM' Adrii.ral Lie Cr: hh tds Cheryl Warrirtoi. , 9.':9 S Auturr. Ave, of Green Bay; car 3k Jackrar. , 4077 jratiite Teach Cr Un; Carol S Auttz, V Lott, 5655 S, W car hh rds Clai. to sic Teach Cr Uh; riano Gr?:-it- Fniitis, 1905 S Neal Paul son, 4118 3ennion Rd, S L Teach Cr lb; car hh yds sic to Cr Uh; 12th E, sic to Fred Von ..cCai-.dless- , Gerald Sar.dv 4004 3 3250 Uh; hh to W, sic LAKE Services or Ihe ii 1 56 WESTMINSTER Keams L W 5615 S, Kearr.s Taylor, 1350 Soring Ln, sic cars piano K Fortin, I56 Laxon Ct, sle to lb; car hh yds Fed R Webb, Emp Cr Un; 375 3650 E, S sic to Organ Marvin E Ave, sic to Schertz Jr, 2191 E CLaybome Lawrence L E car hh yds 3900 S, sic to Fed Ekd Cr Uh; Fox, 3356 Fd Ertp Cr Un; hh yds 9lncJ 1 lads I9 84115 484-482- car On Wheels WESTMINSTER AVENUE SALT LAKE CITY UTAH PHONE 6041 4 I IS 46 February 6, 1970 "In Salt Lake County there are many elderly persons who are physically handicapped, have a chronic illness or other condition which prevents them for shopping for food or preparing nutritious meals for themselves.. "This problem can be sol ved bv Meals on Wheels. M eals on Wheels is the Metropolitan Salt Lake Services for the Aging, and Is deto signed help III and homebound Senior Citi zens by dellverinn them a hot noonday meal 5 days a week. Meals are also delivered on holidays when they program of I on to RIKL Cr Uh; AVE. SAIT LAKE CITY, UTAH Phone Merlin to S 40&0 W, car hh yds Orrin trlr SAIT 5670 Cr Un; hh yds Dominguez , 215 E CLayboume Ave RIML Cr Un; car hh gds 5IML Cr owell X Tavlor, 2880 S 3000 W, layna to Bacchus PI Cr Un; cars boat ntr j M sic to James pds W 3250 S, sic to cars hh yds METROPOLITAN 5735 S 50 W, Murray Workers Local 312 Fed Stuice, !RI:X Cr Un; . f al Gladys F. Lundberg, Widow of Leo La t hum Lundberg, Deceased, et al. , Plaintiffs, v. No. 11663 L. M. Cummings, Clerk The plaintiff's deceased husband, Leo Lundberg, was employed as a sales manager in Salt Lake County for the defendant, Cream O'Weber Dairy. His duties included working with and supervising sales personnel. This required extensive use of an automobile both during and after normal working hours. A company automobile was available to him. But he chose the option given him by the company of using his own car, for which he was reimbursed at eight cents per mile traveled ir. che course of his duties. But this did not include payment for travel to and from work. On the morning of August 31, 1965, there had been arranged an 8:00 a.m. meeting with company personnel at the company offices, 2500 South Second West in Salt Lake City, which the deceased's duties required him to attend. As he was coming from home at about 7:30 a.m., driving northward on Second West, he was killed in a collision with a train at 3900 South. a The pivotal question which was confronted by the Commission, and which is the subject of review here, is the one which so frequently recurs in cases of this type: Was the death caused "by accident arising out of or in the course of his employment" as required by our statute? That statutory But seems and clear like practically all language unambiguous enough. laws, which must of necessity be cast in general terms, the difficulties which arise are in the application to particular fact situations, as is attested by the multifarious contested cases under such statutes. It is true that the statute does not require that a compensable accident be at any particular place and that Workmen's Compensation coverage has been approved in certain cases even though the employee had not arrived at the place of employment. Plaintiff places reliance on cases of that character, Bailey, and Moser, v. Industrial Commission. She contends that they are extensions of or "exceptions" to the rule: That traveling to and from work is not part of the employment and is Neither in the cases referred not covered by Workmen's Compensation. we of in nor which are to, any other aware, has this court expressed an intention to depart from that rule. An examination of those cases will reveal that referring to them as "exceptions" to the rule stated is not strictly accurate. They are simply specific applications of the statute to particular fact situations. Notwithstanding what has been said in those cases, it is fundamental that even though the employee may not be at a regular place of work, he must be performing a duty for his employer, or one which is so connected with his employment as to be an essential part thereof, so that the mandate of the statute is met that there must be an "accident arising out of or in the course of employment. " well-establish- ed Reverting to the facts here in the light of the law just stated: The meeting which the deceased was to attend that morning, although specially called for the purpose of the business, was not an unusual occurrence so that traveling to it was a special assignment or mission for the employer; nor was the use of his own car in going to work any such essential aspect of the carrying on of the business as to be regarded as an integral part thereof to take it out of the going to and from work exclusion. Under the facts shown we can see no justification for the conclusion argued for by the plaintiff that the Commission acted capriciously, arbitrarily and unreasonably in refusing to find that the deceased was in the course of his employment. Affirmed. No costs awarded. de WE CONCUR: "All meals are prepared under the supervision of the and are packed in sanitary, disposable containers. Menus are Dietitian, changed regularso a there is 5, 1970 Review of a decision of the Industrial Commission denying Gladys Lundberg Workmen's Compensation for the death of her husband caused by a collision with a train while he was driving from his home to a meeting at th offices of his employer. Cream O'WeberFederated Dairy Farms, Inc. "Meals on Wheels delivers a complete meal-s- oup, salad, meat, potatoes & gravy, vegetable, bread, drink and dessert and the cost is 1.00 per meal. If a modified diet is needed, such as sodium restricted, diabetic, etc., the cost is $1.25 per meal. ly, February CROCKETT. Chief Justice: weekdays. home-ma- FILED Cream O'WeberFederated Dairy , Liberty Mutual Insurance Company, and Industrial Commission of Utah, Defendants. Farms, Inc. Mitchell, Grant Wilde, 4327 Soderouist, 1901 Fullmer Clr to Bacchus PI Cr Uh; car hh ads FVed Kahlert, 385I Bacchus FI Cr Uh; K to EIX DcuiLar D Robir.sor., 350 Edith Ave, sic to Bacchus PI Cr TJh; cars hh rtfs vurs to Bacchus PI Cr G to Sheet Metal Cr Uh; hh yds 4955 S, Kearns Cr Un; car hh yds Ln cars D Cole, 1970 E 3300 S, to Sheet Metal Workers Local 312 Fed Cr Uh; hh yds Ronald Dee Rush ton, 591 W 4100 S sic to Granite Teach Cr ln; car hh cds Bacchus Fed Cr Uh; Rmn Stereo TV Warren Cri, sic to VJ W, Kearns hhhds Quentin Wheat, 1266 Ridyedale Ln , sic to Sheet Metal Workers Local 312 Fed Henry PI. 3200 Cr Un UXIVAC; sic UNIVAC hh gds to S Brydson, 5375 sic Basch, 2875 Cherry Blossom W Grrr.ite Teach Cr Lb; hh eds LarJb, 461o C S L C Rrrp Fed Fred 1115 4585 Orchid sic to S 2nd R, sic Teach Cr Uh; hh yds books S L Richard Serpentine Way to Granite Teach Cr Un; car hhrds Gu riy 33rd S, sic Teach Cr Un; hh yds yun sic to Keith 3 Hill, 3332 S 7700 rf, Granite Tea on Cr Un; cars hh ed.s Geo W to sic to 3rd 3, E Pearce, 7877 Nantucket Dr, sic R S L to lt d Cr; hh Hs to Peonies erds gun Rosie Wir.kelman, 1737 .fasrirtor. St, pie to 613 Princeton, sic to Teach Cr Uh; hh gds S L to vnui Iva. ear Teach Cr Uh; Jane Y Murdock, 101 3 S 15th R, S L Teach Cr Uh; hh yds Research Znd, Phartaceutical Div, 30 ti 2950 3, sic to Duality Accent; L S 3396 3irch Clr, sic S L Teach Cr Un; car camper hh yds to sic to 2?70 S, 'O.issa Kintr, 1791 Li: colt: Accent; hh fds d'ira'l yds sle to K Clifford Wilhelm, I696 W Cot 57 406, E Teach Cr Un; hh isorma A Boyce, 1531 S L Teach Cr Uh; hh 2525 Chalet Rd, Sandy to Lockhart; to Petkins, 10th S Lovid S Filler, 1429 S 2100 E, S L Teach Cr Uh; car hh yds to sic to 7230 S, hh ; i 515 S L Gloria Lanyston, Xesbitt, 260 L Griffin, sic to S L Dr, sic Sy:koviic Cirl In The Supreme Court Of The State Of Utah 1080 R, hh gds Ruth S, to Paul 3900 POUR Mldvnln rf.! Pr'vl to PAGE of variety appetizing, nutritious meals. E. R. Callister, "Meals on Wheels will be del vering meal s in the Granger area very Jr., Justice I soon, if the demand warrants a van going into County. "If you benefit from 466-60- this portion of Salt Lake are a Senior Citi zen or know of any Senior Citizen a nutritous home delivered meal, coll MEALS who at ON WHEELS Information and brochures will be furnished 43. Thank you for your cooperation in telling about can reach Senior Citizens who are In need of our R. L. Tuckett, Justice would upoequest." this progran, so F. Henri Ilenriod, Justice we help. menu For your information, for February, I97C. we are enclosing a Meals on Wheels A. H. Ellett, Justice .Sincerely 4 t Encjs MCWBrochure MOW Menu for L your. . LL , t Mrs. V. Luc Me Hutchings Executive Director VLHtsi 2 brochure and Feb. 1970 U.C.A. 1953. 2. Bailey v. Utah State Industrial Comm. , 16 Utah 2d 208, 398 P. 2d 545. 3. C. V. Moser v. Industrial Comm., 21 Utah 2d 51, 440 P. 2d 23. 4. See Covey Ballard Motor Co. v. Industrial Comm. , 64 Utah 1, 227 P. 1028; Wilson v. Industrial Comm., 116 Utah 46, 207 P. 2d 1116. 5. See Wilkinson v. Industrial Comm. , Utah 2d (Jan. 1970), and cases referred to therein. 6. See Kent v. Industrial Comm., 89 Utah 381, 57 P. 2d 724. 1. See Sec. 35-1-- 45, I |