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BROCK v. INDUSTRIAL COMMISSION

No. 1 CA-IC 568.

15 Ariz. App. 95 (1971)

486 P.2d 207

Louis BROCK, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, City of Tempe, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

June 30, 1971.

Attorney(s) appearing for the Case

Morgan & Jerome, by Donald J. Morgan, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Robert K. Park, Chief Counsel by Harlan J. Crossman, Phoenix, for respondent carrier State Compensation Fund.

HAIRE, Judge.

On this review of an award of the Industrial Commission denying the petitioning employee's claim for benefits, we are asked to decide whether a disability which is caused by or aggravated by emotional stress can render an employee "injured by accident" within the purview of § 23-1041, subsec. A, which states:

"A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course...

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