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EMPLOYERS MUT. L. INS. CO. OF WIS. v. INDUS. COM'N

No. 1 CA-IC 687.

18 Ariz. App. 403 (1972)

502 P.2d 1080

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and Evans Steel & Manufacturing Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Charles Clark, Respondent Employee.

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

Rehearing Denied December 19, 1972.

Review Denied January 9, 1973.

Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, P.C., by Merton E. Marks, Phoenix, for petitioners.

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

Lindauer & Goldberg, P.A., by Mark H. Goldberg, Phoenix, for respondent employee.

JACOBSON, Judge.

In this appeal by writ of certiorari the controlling question is whether there was sufficient evidence to support the Industrial Commission's award that the workman was an employee of petitioner Evans Steel & Manufacturing Co. (Evans) rather than an employee of an independent contractor.

Evans is engaged in the business of steel fabricating. Normally, the basic materials upon which the fabrication is to be performed is supplied to Evans...

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