TIPTON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 146.

7 Ariz. App. 39 (1968)

435 P.2d 874

George TIPTON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona and Wells Stewart Construction Company, Inc., Respondents.

Court of Appeals of Arizona.

Rehearing Denied January 31, 1968.

Review Denied March 5, 1968.


Attorney(s) appearing for the Case

Rees, Estes & Browning, Tucson, by, Donald Estes, for petitioner.

Robert K. Park, Chief Counsel, by, Donald L. Cross, Phoenix, for respondent The Industrial Commission of Arizona.


DONOFRIO, Judge.

This is a writ of certiorari to review the lawfulness of the decision of The Industrial Commission of Arizona finding petitioner's claim noncompensable.

Petitioner claims to have suffered an injury by accident arising out of and in the course of his employment due to eating a spoiled sandwich consisting of liverwurst, cheese and mayonnaise. Briefly, the facts are: That petitioner was employed as a heavy duty mechanic for respondent employer...

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