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McNEELY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 651.

17 Ariz. App. 185 (1972)

496 P.2d 611

Opal McNEELY, In re Billy W. McNeely, Deceased, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Reynolds Metals Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied June 9, 1972.

Review Granted July 13, 1972.

Attorney(s) appearing for the Case

Chris T. Johnson, Phoenix, for petitioner.

Porter, Stahnke & Phillips by Bernald C. Porter, Phoenix, for respondent employer.

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

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for respondent carrier.

JACOBSON, Judge.

Does an industrially compensable death occur where two heart attacks are present, the first of which is not industrially related, but during the period between the two, the deceased works, thus "aggravating" his heart condition? This is the question presented in this appeal by certiorari from an award of The Industrial Commission denying compensation to the widow.

For twenty years prior to his death, the deceased Billy W. McNeely, had been...

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