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REED v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1063.

23 Ariz. App. 591 (1975)

534 P.2d 1090

David R. REED, Deceased, Peggy Sue Reed, widow, Cynthia Rene Reed and Mildred Elaine Reed, Individually and by their guardian ad litem, Peggy Sue Reed, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Movers Port Service of California, Respondent Employer, St. Paul Fire & Marine Insurance Company, Respondent Carrier, Rocky Ford Moving Vans or Movers Port Service, Inc. of Midland, Texas, Respondent Employer, Northwestern National Insurance c/o Crawford & Company, Respondent Carrier.

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

Rehearing Denied June 13, 1975.

Review Denied July 10, 1975.

Attorney(s) appearing for the Case

Machmer, Schlosser & Meitz, P.C. by Ronald M. Meitz, Phoenix, for petitioners.

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

Lewis & Roca by Merton E. Marks, Phoenix, for Movers Port Service of California and St. Paul Fire & Marine Ins. Co.

Jennings, Strouss & Salmon by Michael W. Mullane, Phoenix, for Rocky Ford Moving Vans and Northwestern National Ins.

OPINION

STEVENS, Judge.

This Court has been petitioned to review the award of The Industrial Commission of Arizona to determine whether the award finding that the deceased was an independent contractor and not an employee is reasonably supported by the evidence.

David R. Reed (Reed) was driving his truck through Arizona on 25 July 1971 when he was involved in an accident near Benson in which he was killed. His widow, Peggy Sue Reed filed her "Widow...

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