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EZELL v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1151.

23 Ariz. App. 448 (1975)

533 P.2d 1185

Joseph L. EZELL, Deceased, Thelma G. Ezell, widow, Stephen A. Ezell and Joseph L. Ezell, Jr., Individually and by their guardian ad litem, Thelma G. Ezell, Petitioners and Cross Respondents, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, State Compensation Fund, Respondent Carrier and Cross Petitioning Carrier, San Xavier Rock & Sand Co., Respondent Employer and Cross Petitioning Employer.

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

Rehearing Denied May 14, 1975.

Review Denied June 24, 1975.

Attorney(s) appearing for the Case

Johnson, Hayes & Dowdall, Ltd., by James G. Busby, Tucson, for petitioners and cross respondents.

Edward F. Cummerford, Chief Counsel The Industrial Commission of Arizona, by Greg L. Folger, Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by George B. Morse, Phoenix, for State Compensation Fund and San Xavier Rock & Sand Co.

OPINION

STEVENS, Judge.

Joseph L. Ezell died on 29 March 1973 as a result of injuries sustained in an accident arising out of and in the course of his employment. On 17 May 1973, Thelma G. Ezell, his widow, filed a Widow's and Dependents' Claim for compensation on behalf of herself and two sons as issue of her marriage to the deceased. On 3 December 1973, the State Compensation Fund (Fund), the insurance carrier, issued its Notice of Claim Status. The Fund...

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