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

No. 1 CA-IC 669.

17 Ariz. App. 516 (1972)

498 P.2d 590

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Petitioning Carrier, Valley Dodge Company, Petitioning Employer, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Charles Hazelton, Respondent Employee.

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

Rehearing Denied August 24, 1972.

Review Denied October 10, 1972.

Attorney(s) appearing for the Case

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

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Chris T. Johnson, Phoenix, for respondent employee.

JACOBSON, Judge.

The principal question presented by this appeal by writ of certiorari is whether the respondent who suffered a non-industrial accident has proved by a preponderance of the evidence that his present condition stems from a prior industrial accident.

The respondent, Charles Hazelton, an automobile refrigeration mechanic, injured his back in September, 1969, while working underneath a car during the course of his employment with petitioner, Valley...

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