MADRIGAL v. INDUSTRIAL COMMISSION

No. 5140.

69 Ariz. 138 (1949)

210 P.2d 967

MADRIGAL v. INDUSTRIAL COMMISSION et al.

Supreme Court of Arizona.

October 24, 1949.


Attorney(s) appearing for the Case

Elijah Allen, of Mesa, L.J. Cox, Jr., and Cox, Lockwood & Lockwood, of Phoenix, attorneys for petitioner.

H.S. McCluskey, Phoenix, attorney for respondent Industrial Commission of Arizona. Robert E. Yount, Phoenix, of counsel.

Snell, Wilmer, Walsh, Melczer & Beauchamp, of Phoenix, Kramer, Morrison, Roche & Perry, of Phoenix, Stockton & Karam, of Phoenix, Westover & Mansfield, of Yuma, Stidham & Udall, of Phoenix, Jennings, Strouss, Salmon & Trask, of Phoenix, Whitney, Ironside & Whitney, of Phoenix, Ellis & Walker, of Eloy, Anderson & Smith, of Safford, Reed, Wood & Mangum, of Coolidge, amici curiae.


UDALL, Justice.

Petitioner Jose Madrigal seeks annulment of an award made by the respondent commission disallowing his claim for compensation under its policy of insurance issued to the A.B.C. Produce Company, respondent employer. The lawfulness of the commission's action in reforming its policy of insurance excluding petitioner from coverage after he had suffered an injury is the decisive question presented.

There is no material conflict in the evidence....

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