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FRY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1324.

26 Ariz. App. 140 (1976)

546 P.2d 1149

Mrs. Harley M. FRY, widow, Harley M. Fry, Deceased, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, The Southland Corporation, Respondent Employer, State Compensation Fund and Travelers Insurance Company, Respondent Carriers.

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

Rehearing Denied April 16, 1976.

Attorney(s) appearing for the Case

Gorey & Ely, by Walter R. Ulman, Phoenix, for petitioner.

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

Fisher & Phillips, by Charles Kelso, D. Gerald Coker, Atlanta, Ga., and Beer, Kalyna & Simon, by Paul Beer, Phoenix, for respondent employer.

Robert K. Park, Chief Counsel, State Compensation Fund, by Donald F. Schaar, and Burch Cracchiolo, Levie, Guyer & Weyl, by John F. Day, Phoenix, for respondent carriers.

OPINION

WREN, Judge.

This petition for certiorari questions an Industrial Commission award finding a noncompensable claim because the claimant was found to be an independent contractor and not an employee of the respondent, Southland Corporation. After reviewing the record before the Industrial Commission, we have concluded that the award was supported by substantial evidence and must be affirmed.

Petitioner, Harley M. Fry, filed a claim for workmen...

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