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STATE COMPENSATION FUND v. DE LA FUENTE

No. 1 CA-IC 677.

18 Ariz. App. 246 (1972)

501 P.2d 422

STATE COMPENSATION FUND, and Muldner Livestock Transportation, Inc., Petitioners, v. Lucilla DE LA FUENTE and Christopher Anthony De La Fuente, individually and by his Guardian ad Litem, Lucilla De La Fuente, as beneficiaries of Climmie Everett, Deceased, Respondents, The Industrial Commission of Arizona, Respondent.

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

Rehearing Denied October 31, 1972.

Review Granted December 5, 1972.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by J. Victor Stoffa, Phoenix, for petitioners.

Rowland S. Stevens, Goodyear, for respondents De La Fuente.

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

HAIRE, Chief Judge, Division 1.

In this review by certiorari of death benefit awards issued by the Industrial Commission, the petitioners' major contention is that the statutory provision pursuant to which the Commission awarded the death benefits is unconstitutional. Alternatively it is contended that the awards must be set aside as offensive to the public policy of this state.

The pertinent facts stated in a light most favorable to upholding the awards are...

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