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MARQUEZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 707.

19 Ariz. App. 139 (1973)

505 P.2d 577

Ramon O. MARQUEZ (now Deceased), and Maria R. Marquez, Widow, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Magma Copper Company, San Manuel Division, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied February 9, 1973.

Review Granted March 13, 1973.

Attorney(s) appearing for the Case

Davis & Eppstein, by Robert W. Eppstein, Tucson, for petitioner.

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

Twitty, Sievwright & Mills, by John F. Mills, Phoenix, for respondent employer.

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

JACOBSON, Chief Judge, Division 1.

This appeal by way of writ of certiorari from an award of the Industrial Commission raises the question of whether a death caused by a heart attack which in turn was directly related to silicosis is compensable under the Occupational Disease Disability Act, if at all, and hence not compensable under the Workmen's Compensation Act. A.R.S. § 23-901 et seq.

The deceased, Ramon...

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