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RODRIGUEZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 732.

20 Ariz. App. 148 (1973)

510 P.2d 1053

Jose R. RODRIGUEZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Magma Copper Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied July 9, 1973.

Review Granted September 18, 1973.

Attorney(s) appearing for the Case

Merchant, Lohse & Bloom by William A. Riordan, Tucson, for petitioner.

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

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

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

EUBANK, Presiding Judge.

The substantial questions raised by this review by certiorari of the Industrial Commission's award is whether the evidence supports the Commission's findings that the petitioner violated a company work rule, failed to prove that his injury arose out of and in the course of his employment, and failed to carry his burden of proof generally. Our review requires that we affirm the Commission's award.

On December 20, 1970, the petitioner...

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