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TRUCK INSURANCE EXCHANGE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 926.

22 Ariz. App. 158 (1974)

524 P.2d 1331

TRUCK INSURANCE EXCHANGE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Marsha Kay Henderson, widow of Michael M. Henderson, Deceased, Respondent Employee, Jim Click Ford, Inc., Respondent Employer.

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

Rehearing Denied September 16, 1974.

Review Denied October 15, 1974.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for petitioner.

Rees, Mercaldo & Smith, P.C., by Brian E. Smith, Tucson, for respondent employee.

Bilby, Thompson, Shoenhair & Warnock, P.C., by William A. Scanland, Tucson, for respondent employer.

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

OPINION

JACOBSON, Chief Judge, Division 1.

Is an automobile salesman who drives his employer's modified racing car within the course and scope of his employment during the race?

The deceased, Michael M. Henderson, was employed as an automobile salesman by the respondent employer, Jim Click Ford, Inc. Henderson's compensation was based upon commissions earned by selling cars, or if his commission fell below the minimum federal wage, he was paid for...

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