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STATE COMPENSATION FUND v. JOE

Nos. 1 CA-IC 1224 and 1225.

25 Ariz. App. 361 (1975)

543 P.2d 790

STATE COMPENSATION FUND and Kerr-McGee Oil Industries, Inc., Petitioners, v. Cora Mae JOE, widow of David S. Joe, Deceased, Respondent Widow, The Industrial Commission of Arizona, Respondent. STATE COMPENSATION FUND, Kerr-McGee Oil Industries and Foote Mineral Co. (Vanadium Corporation of America), Petitioners, v. Fannie DICK, widow of Clark Dick, Deceased, and Fannie Dick as Administratrix of the Estate of Clark Dick, Respondent Widow, The Industrial Commission of Arizona, Respondent.

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

Rehearing Denied January 2, 1976.

Review Denied January 27, 1976.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by R. Kent Klein, Phoenix, for petitioners.

Taussig & Cobb, by John Whitehouse Cobb,1 Boulder, Colo., Richard Hughes, Shiprock, N.M., Ward, Hufford, Blue & Withers by Roy Ward, Flagstaff, for respondent Widows.

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

OPINION

STEVENS, Judge, Retired.2

We have decided to consolidate 1 CA-IC 1224 (the Cora Mae Joe claim) and 1 CA-IC 1225 (the Fannie Harvey Dick claim) because the issues presented to the Court are identical.

The first issue, and the main thrust of both cases, is whether a widow may recover compensation under the Workmen's Compensation Act when the workman died from a disease that is defined within the Occupational Disease...

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