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TOLER v. INDUSTRIAL COMMISSION

No. 1 CA-IC 994.

22 Ariz. App. 365 (1974)

527 P.2d 767

Roy E. TOLER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phoenix Newspapers, Inc., Respondent Employer, The Home Insurance Company, Respondent Carrier.

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

October 29, 1974.

Attorney(s) appearing for the Case

Morgan & Jerome by D.A. Jerome, Phoenix, for petitioner.

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

Don P. Crampton, P.C., by J. Stephen Mullen, Phoenix, for respondents.

OPINION

NELSON, Judge.

This is a review of an award of the Industrial Commission for a noncompensable claim. Petitioner (Toler) claims the injuries he received as the result of an unprovoked assault by a coemployee occurring during normal working hours on the premises of the respondent employer (Phoenix Newspapers, Inc.) arose out of and were received in the course of his employment, and are therefore compensable (A.R.S. §

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