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DUNWOODY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 942.

22 Ariz. App. 63 (1974)

523 P.2d 114

Richard A. DUNWOODY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Woody's Tree and Landscaping Service, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied July 24, 1974.

Review Denied September 19, 1974.

Attorney(s) appearing for the Case

Charles M. Wilmer, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund, by J. Victor Stoffa, Phoenix, for respondent carrier.

OPINION

OGG, Judge.

This is an appeal by way of writ of certiorari to review the lawfulness of an award of the Industrial Commission which found that the Commission was without jurisdiction to consider whether the petitioner sustained an industrially related accident. The Commission found that the petitioner was not an "employee" within ARS § 23-901, subsec. 4(b) and that he was therefore not entitled to coverage under the existing policy.

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