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FOR PUBLICATION

ATTORNEY FOR APPELLANT: BRUCE N. MUNSON Muncie, Indiana

ATTORNEY FOR APPELLEE: DIANA L. WANN McCray Lavallo Frank Klingler Lebanon, Indiana

IN THE COURT OF APPEALS OF INDIANA
AMY SUE MUELLER, as Surviving Spouse of KEITH MICHAEL MUELLER, Appellant-Plaintiff, vs. DAIMLERCHRYSLER MOTORS CORPORATION, TRANSMISSION PLANT, Appellee-Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 93A02-0510-EX-931

APPEAL FROM THE INDIANA WORKER'S COMPENSATION BOARD The Honorable G. Terrence Coriden, Chairman Application No. C-165793

February 21, 2006

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Appellant-Plaintiff Amy Sue Mueller ("Amy"), as Surviving Spouse of Keith Michael Mueller ("Keith"), appeals from the denial by the Worker's Compensation Board of Indiana ("the Board") of her claim under the Worker's Compensation Act ("the Act"), alleging injuries arising out of and in the course of Keith's employment with Appellee-Defendant DaimlerChrysler Corporation ("DaimlerChrysler"). We affirm. Issue Amy presents a single issue for review: whether Keith's fatal injuries arose out of and in the course of his employment with DaimlerChrysler. Facts and Procedural History On April 29, 2003, at approximately 10:30 p.m., Keith parked his vehicle at the Kokomo Mall in Kokomo, Indiana and was crossing Boulevard Street to report to work at DaimlerChrysler when a vehicle struck and killed him. On May 16, 2003, Amy filed an Application for Adjustment of Claim with the Board. A single hearing member, Judge Linda Hamilton, heard the matter on May 18, 2004. On September 3, 2004, Judge Hamilton issued a decision awarding no benefits to Keith's dependants. In pertinent part, the hearing member concluded that Keith "did not die in the course and scope of his employment for the Defendant." (App. 4.) On September 17, 2004, Amy filed an Application for Review by Full Board. On September 2, 2005, a majority of the Full Board found that the single hearing member's decision should be adopted. Amy now appeals.

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Discussion and Decision The Act provides compensation for employees who suffer "personal injury or death arising out of and in the course of the employment." Ind. Code

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