FIDELITY & CAS. CO. OF N.Y. v. INDUSTRIAL COMM.

No. 1 CA-IC 598.

15 Ariz. App. 285 (1971)

488 P.2d 490

FIDELITY & CASUALTY CO. OF NEW YORK, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Herman L. Burkhead, Respondent Employee.

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

Murphy, Vinson & Hazlett, by Carl E. Hazlett, Tucson, for petitioner.

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

Knez & Glatz, by Richard D. Crites, Tucson, for respondent employee.


JACOBSON, Presiding Judge.

In this heart attack case, the Industrial Commission found that the employee's myocardial infarction arose out of the course of his employment and the employer's insurance carrier has appealed by writ of certiorari.

On July 13, 1969, the respondent-employee, Herman L. Burkhead, was employed by Holsom Bakery, Inc., as a truck driver. Mr. Burkhead's duties consisted of driving an empty (except for empty bread racks and skids) semi...

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