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EMPLOYERS MUT. LIAB. INS. CO. v. INDUS. COM'N

No. 1 CA-IC 590.

15 Ariz. App. 288 (1971)

488 P.2d 493

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and M.M. Sundt Construction Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Archie Cusenbary, Respondent Employee.

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

Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, P.C., by Merton E. Marks, Phoenix, for petitioners.

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

Ira Schneier, Tucson, for respondent Cusenbary.

JACOBSON, Presiding Judge.

In this heart attack case, the Industrial Commission sustained a finding by the hearing officer that the employee's subendocardial infarction arose out of and in the course of his employment.

The respondent-employee, Archie Cusenbary, at the time of his heart episode was 63 years old and was employed as a journeyman carpenter, and had been so employed for approximately 19 years. In 1964 he suffered a massive heart attack which required...

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