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DARST v. INDUSTRIAL COMMISSION

No. 1 CA-IC 382.

13 Ariz. App. 587 (1971)

480 P.2d 8

Donald P. DARST, Petitioner, v. INDUSTRIAL COMMISSION of Arizona, Respondent, Air Control Supply Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied February 19, 1971.

Review Denied March 16, 1971.

Attorney(s) appearing for the Case

Gorey & Ely by Joseph M. Bettini, Phoenix, for petitioner.

William C. Wahl, Jr., Counsel, Donald L. Cross, Former Chief Counsel, Phoenix, Industrial Commission of Ariz., for respondent.

Robert K. Park, Chief Counsel by R. Kent Klein, Phoenix, for respondent carrier State Compensation Fund.

CASE, Judge.

Petitioner herein complains of an award entered by the Commission holding that petitioner did not sustain an injury by accident arising out of and in the course of his employment.* A reading of the transcript indicates that there is a conflict in the evidence as to whether petitioner had an accident and sustained any injury. Petitioner has the burden of proving by a preponderance of the evidence both his injury and the fact...

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