INSPIRATION CONSOL. COPPER CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 1161.

24 Ariz. App. 228 (1975)

537 P.2d 613

INSPIRATION CONSOLIDATED COPPER CO. and State Compensation Fund, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Sylvia Montes Candelaria, widow, and Reyes N. Candelaria, Deceased, Respondent Employees.

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

Rehearing Denied August 15, 1975.

Review Denied October 14, 1975.


Attorney(s) appearing for the Case

Ladendorff & Rood by John W. Rood, Phoenix, for petitioner Inspiration Consolidated Copper Co.

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

Greg L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Donald J. Morgan, Phoenix, for respondent Sylvia Montes Candelaria.


OPINION

NELSON, Presiding Judge.

On March 5, 1972, Reyes N. Candelaria (Candelaria) died of congestive heart failure described medically as cor pulmonale. The cardiac failure was induced by an undue strain placed upon the heart because of a long standing fibrotic condition of the lungs. Although this latter condition was, according to the medical testimony, caused primarily by excessive cigarette smoking over many years, viewing the medical testimony...

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