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AMERICAN SMELTING & REFINING CO. v. INDUS. COM'N

No. 1 CA-IC 1291.

25 Ariz. App. 532 (1976)

544 P.2d 1133

AMERICAN SMELTING AND REFINING COMPANY and State Compensation Fund, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Etta J. Phelan, widow of John J. Phelan, Deceased employee, Respondent Applicant.

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

Rehearing Denied March 9, 1976.

Review Denied March 30, 1976.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C., by James G. Speer, Phoenix, for petitioners.

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

Ash & Reeb, by R. Ray Addington, Mesa, for respondent applicant.

OPINION

SCHROEDER, Judge.

In this petition for certiorari directed to the Industrial Commission, the petitioners, American Smelting and Refining Company and its carrier, State Compensation Fund, ask this Court to set aside an award of the Industrial Commission allowing benefits for a death which occurred approximately 30 years after the original industrial injury. Based upon our review of the arguments presented and the record before the Commission, and particularly...

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