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STATE COMPENSATION FUND v. McELROY

No. 1 CA-IC 1160.

24 Ariz. App. 281 (1975)

537 P.2d 1339

STATE COMPENSATION FUND and Dela Enterprises, Inc., Petitioners, v. A.J. McELROY, Respondent Employee, The Industrial Commission of Arizona, Respondent.

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

Rehearing Denied September 9, 1975.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel State Compensation Fund, by Peter C. Kilgard, Phoenix, for petitioners.

Thomas E. Johnson, Tucson, for respondent employee.

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

OPINION

WREN, Judge.

This is an appeal by writ of certiorari challenging an award by The Industrial Commission of Arizona for a compensable claim in favor of the claimant.

Claimant, A.J. McElroy, was employed as a janitor for Dela Enterprises, Inc. (Dela) on a work shift which extended from 4:00 p.m. to 12:00 midnight. On February 12, 1973, he brought a shotgun onto Dela's premises and was injured when it accidentally discharged.

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