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EPPERSON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1347.

26 Ariz. App. 467 (1976)

549 P.2d 247

Billie L. EPPERSON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Mountain Bell, Respondent Employer, Mountain Bell, Respondent Carrier.

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

Rehearing Denied June 18, 1976.

Review Denied July 13, 1976.

Attorney(s) appearing for the Case

Ely & Bettini by Herbert L. Ely, Phoenix, for petitioner.

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

Fennemore, Craig, von Ammon & Udall, by Michael Preston Green and Dwayne L. Burton, Phoenix, for respondent Mountain Bell.

OPINION

NELSON, Judge.

The primary question presented by this appeal is whether the assault upon Billie Epperson (Mrs. Epperson) on April 28, 1973 arose out of and occurred in the course of her employment with respondent Mountain Bell. The hearing officer found, and affirmed on review that while the assault occurred during the course of petitioner's employment, it did not arise out of that employment, and was therefore not compensable under the Workmen's Compensation...

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