BOONE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 311.

12 Ariz. App. 521 (1970)

472 P.2d 490

Vivian BOONE, Widow, Petitioner, In the Matter of Shepherd Boone, Deceased, v. INDUSTRIAL COMMISSION of Arizona, Respondent, Arizona Club, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied September 14, 1970.

Review Denied November 4, 1970.


Attorney(s) appearing for the Case

Lawrence Ollason, Tucson, and Dominic A. Jerome, Phoenix, for petitioner.

Robert K. Park, Chief Counsel, by Ronald M. Meitz, Phoenix, for respondent, State Compensation Fund.

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


EUBANK, Presiding Judge.

The only question presented for our review by writ of certiorari is whether the petitioner succeeded in proving that her deceased husband was within one of the accepted exceptions to "going and coming rule" at the time of his death thereby entitling her to death benefits under the Workmen's Compensation Act.1

The "going and coming rule" is described in Butler v. Industrial Commission,

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