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FORD v. INDUSTRIAL COM'N OF ARIZONA

No. 17585-PR.

145 Ariz. 509 (1985)

703 P.2d 453

Edward F. FORD, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Phelps Dodge Corporation, New Cornelia Branch, Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, En Banc.

Reconsideration Denied August 20, 1985.

Attorney(s) appearing for the Case

Hocker & Axford by R. Kelly Hocker, Tempe, for petitioner.

Sandra A. Day, Chief Counsel, Industrial Com'n, Phoenix, for Industrial Com'n.

Evans, Kitchel & Jencks by Julie A. Doherty, Phoenix, for Phelps Dodge and State Compensation Fund.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshear by J. Victor Stoffa, Phoenix, amicus curiae, for Transamerica Ins. Co.

Davis, Eppstein & Hall, P.C. by Robert W. Eppstein and Philip Hall, Phoenix, amicus curiae, for Southern Ariz. Workers' Compensation Atty. Ass'n.

FELDMAN, Justice.

Claimant is a disabled worker seeking benefits under the Arizona Workers' Compensation Act (the Act), A.R.S. § 23-901 et seq. The Act is constitutionally mandated to provide compensation for employees who suffer injury "from any accident arising out of and in the course of employment." Ariz. Const. art. 18 § 8. Claimant's disability is allegedly one which falls within the occupational disease portion of the Act.

The issues presented...

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