CARLSON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 361.

14 Ariz. App. 278 (1971)

482 P.2d 887

Nancy Carole CARLSON, Surviving widow of Wayne D. Carlson, deceased, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Salt River Project Agricultural Improvement and Power District, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied April 23, 1971.

Review Denied May 25, 1971.


Attorney(s) appearing for the Case

Richmond, Ajamie, Fay & Warner by Louis C. Webb, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel by Courtney L. Varner, Phoenix, for respondent Carrier State Compensation Fund.


HAIRE, Judge.

This review by certiorari involves an Industrial Commission award which denied death benefits to petitioner, the surviving widow of a workman who was killed by a co-employee. Without question there was evidence before the Commission which would have justified the Commission's findings that the death of the decedent "did not arise out of nor in the course of his employment" and that "the episode of injury occurred at a time when the decedent had abandoned...

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