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BASINGER v. INDUSTRIAL COMMISSION

No. 1 CA-IC 459.

15 Ariz. App. 122 (1971)

486 P.2d 802

Catherine BASINGER, Widow et al., Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Wayne E. Adams and Robert J. Adams, d/b/a Adams Contracting and Adams Insulation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied September 30, 1971.

Review Denied October 27, 1971.

Attorney(s) appearing for the Case

Eugene J. Lane, Tucson, for petitioners.

Richmond, Ajamie, Fay & Warner, by Jack C. Warner, Phoenix, for respondent Employer.

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

Robert K. Park, Chief Counsel State Compensation Fund, Phoenix, for respondent Carrier.

JACOBSON, Presiding Judge.

On this appeal by certiorari from an award of The Industrial Commission, the widow and six minor children of William R. Basinger seek death benefits, alleging Mr. Basinger's death arose out of and in the course of his employment. The Commission, after three hearings, entered its award finding that Mr. Basinger's death did not arise out of the course of his employment and therefore was noncompensable.

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