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ANDERSON CLAYTON & CO. v. INDUS. COMM.

1 CA-IC 2127.

125 Ariz. 39 (1979)

607 P.2d 22

ANDERSON CLAYTON & COMPANY, Petitioner Employer, Ranger Insurance Company c/o Arizona Adjustment Agency, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Danny W. Graves, Respondent Employee.

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

Rehearing Denied February 5, 1980.

Review Denied February 26, 1980.

Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks, R. Kent Klein, Barry Fish, Phoenix, for petitioner employer and petitioner carrier.

James L. Stevenson, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Charles M. Wilmer, Phoenix, for respondent employee.

OPINION

JACOBSON, Judge.

The sole issue presented in this review of an award of the Industrial Commission is whether the injuries sustained by the claimant while engaged in "horseplay" are industrially compensable.

The facts are not in material dispute.

Petitioner employer, Anderson Clayton & Company, which operates a cotton gin, hired respondent employee, Danny W. Graves, as a janitor to work from 12:00 midnight to 8:00 A.M. It assigned...

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