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AETNA CASUALTY & SUR. CO. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 589.

17 Ariz. App. 137 (1972)

495 P.2d 1344

AETNA CASUALTY AND SURETY COMPANY and Peter Kiewit Sons' Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Salomon Madril, Respondent Employee, Fisher Enterprises, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied May 24, 1972.

Review Denied July 13, 1972.

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.

Machmer & Schlosser, Ltd. by Ronald M. Meitz, Phoenix, for respondent employer and carrier.

JACOBSON, Judge.

The primary question raised by this appeal by writ of certiorari deals with the sufficiency of the evidence to sustain the Industrial Commission's award.

On January 9, 1968 the claimant, Salomon Madril sustained a back injury while lifting a pipe during the course of his employment with Fisher Enterprises, Inc. who was insured for workmen's compensation by the State Compensation Fund (Fund). On May 15, 1969 the Industrial Commission in awarding...

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