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POTTINGER v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1013.

22 Ariz. App. 389 (1974)

527 P.2d 1232

George E. POTTINGER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Tucson Realty & Trust Co., Respondent Employer, Twin Cities Fire Insurance Co., Hartford Insurance Group, Respondent Carrier.

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

Review Denied January 28, 1975.

Attorney(s) appearing for the Case

Lawrence Ollason, Tucson, and Barbara L. Caldwell, Phoenix, for petitioner.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C., by Lawrence H. Lieberman, Phoenix, for respondent carrier.

OPINION

WREN, Presiding Judge.

This is a review of an award of the Industrial Commission for a non-compensable claim. Petitioner (Pottinger) claims that burns received in the act of smoking arose out of and in the course of his employment by respondent employer (Tucson Realty & Trust Company) within the meaning and definition of the Arizona Workmen's Compensation Act. (A.R.S. § 23-1021). The Commission...

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