NELSON v. INDUSTRIAL COMMISSION

Nos. 1 CA-IC 1692, 1 CA-IC 1694.

120 Ariz. 278 (1978)

585 P.2d 887

Johnnie L. NELSON, widow, Clarence Nelson, Deceased, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Adams Insulation, Respondent Employer, State Compensation Fund and CNA/Insurance, Respondent Carriers.

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

Rehearing Denied July 28, 1978.

Review Denied September 12, 1978.


Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok, P.C., by Dale D. Tretschok and Patrick R. McNamara, Tucson, for petitioner.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Warner & Demaree by Jack C. Warner, Phoenix, for respondent employer.

Chandler, Tullar, Udall & Redhair by William J. Augustine, Tucson, Attorneys for respondent employer and carrier, CNA Ins.

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, by George B. Morse, State Compensation Fund, Tucson, for respondent insurance carrier.


OPINION

WREN, Judge.

The question presented here is whether Johnnie L. Nelson, the petitioner and surviving widow, is entitled to benefits under the 1973 revisions of Arizona's occupational disease law where her deceased husband's injurious exposure to asbestos occurred prior to the revision but his disablement and death occasioned by the exposure occurred after the enactment of the 1973 revisions.

The Industrial Commission's findings and award determined...

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