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McKENZIE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 424.

13 Ariz. App. 119 (1970)

474 P.2d 838

Onnie Lee McKENZIE, Widow, Petitioner, In the Matter of Harold B. McKenzie, Deceased, v. INDUSTRIAL COMMISSION of Arizona, Respondent, Arizona Highway Department, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

September 30, 1970.

Attorney(s) appearing for the Case

Chris T. Johnson, Phoenix, for petitioner.

Donald L. Cross, Chief Counsel, Phoenix, The Industrial Commission of Arizona, Robert K. Park, Chief Counsel, State Compensation Fund, by R. Kent Klein, Phoenix, for respondents.

JACOBSON, Judge.

We are asked to determine whether there was evidence to reasonably support the finding of the Industrial Commission that the cardiac arrest of the petitioner's deceased did not arise out of and in the course of his employment.

Harold B. McKenzie was employed by the Arizona Highway Department. On April 5, 1968, he was engaged in spraying weeds along the highway. This job requires two men — one to drive the truck containing the spraying...

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