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STODDARD v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1047.

23 Ariz. App. 235 (1975)

532 P.2d 177

John STODDARD, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, John F. Stoddard Company, Inc., Respondent Employer, Sentry Insurance Company, Respondent Carrier.

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

Rehearing Denied April 15, 1975.

Review Denied May 6, 1975.

Attorney(s) appearing for the Case

Gilbert Gonzalez, Tucson, for petitioner.

Edward F. Cummerford, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Lewis & Roca by Merton E. Marks, Phoenix, for respondents employer and carrier.

OPINION

WREN, Judge.

This is an appeal by certiorari from an award of the Industrial Commission finding that petitioner's injuries did not arise out of and in the course of employment. Petitioner contends that the award is not supported by the evidence. We agree that it is not.

The question is one of law because the facts are not in dispute. Petitioner was injured at approximately 10:30 p.m. on April 7, 1972 while riding a motorcycle. The accident...

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