MONTANO v. INDUSTRIAL COMMISSION

1 CA-IC 689.

18 Ariz. App. 58 (1972)

500 P.2d 318

Ramon H. MONTANO, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Royden Construction Company, Respondent Employer, Northwestern National Insurance Co., Respondent Carrier.

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

Rehearing Denied September 21, 1972.


Attorney(s) appearing for the Case

Spencer K. Johnston, Phoenix, for petitioner.

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

Jennings, Strouss & Salmon, by M. Byron Lewis, Phoenix, for respondents employer and carrier.


CASE, Judge.

This matter is before us by writ of certiorari to review the lawfulness of a decision upon hearing and findings and award for noncompensable claim entered by the Industrial Commission.

On 7 October 1970, petitioner, while employed by Royden Construction Company, sustained an injury to his lower back. At the time of his injury, he was working as a laborer operating a jackhammer. Petitioner testified at the hearing that when he lifted the jackhammer...

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