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EMBREE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 776.

21 Ariz. App. 411 (1974)

520 P.2d 324

Hollis F. EMBREE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Kennecott Copper Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied April 30, 1974.

Review Denied May 21, 1974.

Attorney(s) appearing for the Case

Peter T. Van Baalen, Phoenix, for petitioner.

Fennemore, Craig, von Ammon & Udall by Michael Preston Green, Phoenix, for respondents employer and carrier.

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

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

OPINION

JACOBSON, Chief Judge, Division 1.

This review by writ of certiorari of an award of the Industrial Commission deals with the test to be applied in determining when an injured workman's intoxication constitutes an abandonment of his employment.

The petitioner, Hollis F. Embree, was employed by Kennecott Copper Corporation as a truckdriver, driving a 175-ton ore truck in Kennecott's open pit operation at its Ray Mine division. This job consisted...

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