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LOWERY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1940.

123 Ariz. 108 (1979)

597 P.2d 1011

Darrell J. LOWERY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Yellow Freight Systems, Inc., Respondent Employer, Yellow Freight Systems, Inc., c/o Arizona Adjustment Agency, Respondent Carrier.

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

Rehearing Denied June 11, 1979.

Review Denied July 17, 1979.

Attorney(s) appearing for the Case

Jerome & Gibson, P.C. by D.A. Jerome, Phoenix, for petitioner.

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

Lewis & Roca by Merton E. Marks, Phoenix, for respondents employer and carrier.

OPINION

FROEB, Judge.

Petitioner, Darrell J. Lowery, was injured in Arizona in 1977 while working as a truck driver for his New Mexico-based employer, Yellow Freight Systems, Inc. Because his employer, who is self-insured in both states, filed a first report of injury in New Mexico, petitioner became entitled to New Mexico industrial benefits without having filed there himself. Before receipt of his first New Mexico benefit payment, petitioner filed a workmen...

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