REYNOLDS METAL COMPANY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1029.

22 Ariz. App. 349 (1974)

527 P.2d 308

REYNOLDS METAL COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Opal McNeely, widow, Linda Sue McNeely, Vivian Marie McNeely, Randy Wayne McNeely and David Ray McNeely, minor children, Respondent Applicants, State Compensation Fund, Respondent Carrier.

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

Review Denied January 8, 1975.


Attorney(s) appearing for the Case

Porter, Stahnke & Phillips by Bernald C. Porter, Tempe, for petitioner.

Edward F. Cummerford, Chief Counsel, William C. Wahl, Jr., former Chief Counsel, The Industrial Commission of Arizona by Richard E. Taylor, Phoenix, for respondent.

Chris T. Johnson, P.C., Phoenix, for respondent applicants.

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


OPINION

WREN, Presiding Judge.

This is a petition for review of a decision of the Industrial Commission of Arizona granting death benefits to the surviving wife and children of decedent, Billy McNeely. He died on January 19, 1969, as a result of a myocardial infarction, after having been employed by the petitioner, Reynolds Metal Company, for twenty (20) years as a heavy duty mechanic.

There had been no previous history of heart disease. On December...

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