GONZALES v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1005.

23 Ariz. App. 179 (1975)

531 P.2d 555

Frank P. GONZALES, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phelps Dodge Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied March 17, 1975.

Review Denied April 15, 1975.


Attorney(s) appearing for the Case

Davis & Eppstein by Dale D. Tretschok, Tucson, for petitioner.

Edward F. Cummerford, Chief Counsel, Phoenix, The Industrial Commission of Ariz.

Evans, Kitchel & Jenckes, P.C. by Leon D. Bess, Phoenix, for respondent employer.

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


OPINION

WREN, Judge.

This is a review of an award of the Industrial Commission of Arizona which found that petitioner had a noncompensable claim in that he did not sustain an injury by accident arising out of and in the course of employment.

On the day of the accident, June 12, 1972, petitioner, Frank Gonzales, was employed as a heavy equipment operator by respondent employer, Phelps Dodge Corporation...

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