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PETERSON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 620.

16 Ariz. App. 41 (1971)

490 P.2d 870

Deborah PETERSON, Widow, Petitioner, In the Matter of Richard L. Peterson, Deceased, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Paul Bimmerman Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1.

Rehearing Denied December 28, 1971.

Review Denied February 8, 1972.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, Tucson, for petitioner.

William C. Wahl, Jr., Chief Counsel, The Industrial Comm. of Ariz., Phoenix, for respondent.

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

HATHAWAY, Judge.

We are asked on this Petition for Writ of Certiorari to set aside an award of The Industrial Commission entered 20 January 1971, denying death benefits to the widow and dependents of Richard L. Peterson. We must decide whether decedent's death was caused by an "accident arising out of and in the course of his employment," A.R.S. § 23-1021, and whether evidence of decedent's intoxication should bar...

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