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STATE COMPENSATION FUND v. STANKE

No. 1 CA-IC 936.

22 Ariz. App. 74 (1974)

523 P.2d 801

STATE COMPENSATION FUND, Petitioner Carrier, City of Tucson, Petitioner Employer, v. Pearl M. STANKE, Widow of Roy E. Stanke, Deceased, Respondent Employee, The Industrial Commission of Arizona, Respondent.

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

June 25, 1974.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, by Dee-Dee Samet, Tucson, for petitioner carrier and petitioner employer.

Rees, Mercaldo & Smith, P.C., by Ronald D. Mercaldo, Tucson, for respondent employee.

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

OPINION

HAIRE, Presiding Judge.

On this review by certiorari of an award entered by the respondent Commission, a question is presented as to the maximum amount which may be awarded to a surviving widow as a death benefit for the burial expenses of her deceased husband.

At the time the husband suffered his industrial injury in 1958, A.R.S. § 23-1046, subsections A(1) and D, read as follows:

"A. In case of an injury causing death, the compensation...

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