O'CONNOR v. INDUSTRIAL COMMISSION

No. 1 CA-IC 685.

19 Ariz. App. 43 (1972)

504 P.2d 966

William G. O'CONNOR, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Howard P. Foley Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied January 24, 1973.

Review Denied February 27, 1973.


Attorney(s) appearing for the Case

Langerman, Begam & Lewis, P.A. by Jack Levine, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel The Industrial Commission of Arizona, Phoenix, Charles M. Brewer, Ltd. by Cecil A. Edwards, Jr., Phoenix, for respondents Employer and Carrier.

Robert K. Park, Chief Counsel State Compensation Fund, Phoenix, for respondent.


EUBANK, Judge.

This review by writ of certiorari questions the lawfulness of an award for noncompensable claim by The Industrial Commission based on the finding that petitioner's illness, Valley fever (coccidioidomycosis or San Joaquin Valley fever), was not an injury arising out of and in the course of his employment.

The petition alleges first, that the finding is unreasonable and unsupported by the evidence, and second, that the lengthy delay on the part...

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