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HOME INS. CO. v. INDUSTRIAL COMMISSION

Nos. 1 CA-IC 1779, 1 CA-IC 1783.

123 Ariz. 352 (1978)

599 P.2d 805

The HOME INSURANCE COMPANY and Bestway Trucking Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Richard N. Fischer, Respondent-Employer, Ronald D. Conway, Deceased, Carole Sue Conway, widow, Charles Conway, Stephen S. Conway and Kandy S. Conway, Individually and by their Guardian ad litem, Carole Sue Conway, Respondents-Applicants. Richard N. FISCHER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Bestway Trucking Company, Respondent-Employer, Ronald D. Conway, Deceased, Carole Sue Conway, widow, Charles Conway, Stephen S. Conway and Kandy S. Conway, Individually and by their Guardian ad litem, Carole Sue Conway, Respondents-Applicants, The Home Insurance Company, Respondent-Carrier.

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

Rehearing Denied October 18, 1978.

Review Granted November 7, 1978.

Attorney(s) appearing for the Case

Glen D. Webster, Jr., Phoenix, for Home Ins. Co. and Bestway.

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

James F. Brook, Phoenix, for Fischer.

Shosana B. Tancer, Phoenix, for respondents-applicants Conway.

OPINION

SCHROEDER, Presiding Judge.

The question presented in this consolidated special action — Industrial Commission, is whether the decedent employee, Ronald D. Conway, was employed by Bestway Trucking Company and Richard N. Fischer at the time of his fatal industrial accident. The hearing officer found that Fischer and Bestway had the requisite right to control Conway, and that he was, therefore, an employee of both. We affirm.

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