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JENKINS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 403.

13 Ariz. App. 195 (1970)

475 P.2d 287

Esther M. JENKINS, a Widow, Charles O. Jenkins, a Minor, Petitioners, In the Matter of Richard O. Jenkins, Deceased, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Mesa Paving Company, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied November 13, 1970.

Review Denied January 5, 1971.

Attorney(s) appearing for the Case

Charles M. Wilmer, Phoenix, for petitioners.

Donald L. Cross, Chief Counsel, Phoenix, The Industrial Commission of Arizona, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund, by R. Kent Klein, Phoenix, for respondent Carrier.

STEVENS, Judge.

Richard O. Jenkins underwent surgery on 28 September 1967 at which time his left lung was removed. An examination revealed cancer. Jenkins died on 4 October 1967, the cause of death being a cardiac arrest. The issue presented to the Commission was whether his physical condition and resulting death were causally related to the extremely dusty conditions of his employment, a dust exposure which extended over several years.*

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