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STEPHENSON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1077.

23 Ariz. App. 424 (1975)

533 P.2d 1161

Robert L. STEPHENSON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Concrete Designs, Respondent Employer, Employers Mutual Liability Insurance Company of Wisconsin, Respondent Carrier.

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

Rehearing Denied June 4, 1975.

Review Denied July 1, 1975.

Attorney(s) appearing for the Case

Davis & Eppstein by Robert W. Eppstein, Tucson, for petitioner.

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

Shimmel, Hill, Bishop & Gruender, P.C. by J. Russell Skelton, Phoenix, for respondents employer and carrier.

OPINION

NELSON, Presiding Judge.

This appeal presents the Court with a case of first impression in Arizona: may an injury received during a voluntary recreational activity which takes place partially on and partially off the employer's immediate premises at lunch time, be considered an industrial injury "arising out of and in the course of employment"? Answering this general question in the affirmative, we find under the facts of this case that the injury...

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