No. 1 CA-IC 1933.

122 Ariz. 184 (1979)

593 P.2d 934

DIESEL DRIVERS, Petitioner Employer, Mission Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Harrison Bittinger, Deceased, Carol Bittinger, widow, Monica Galla Juan, Michael Luis Juan, Joseph William Bryan Leach and Robert Patrick Juan, Individually and by their guardian ad Litem, Carol Bittinger, Respondent Dependents.

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

Rehearing Denied March 20, 1979.

Review Granted April 3, 1979.

Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks and R. Kent Klein, Phoenix, for petitioners.

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

Chris T. Johnson, P.C. by Chris T. Johnson and Dennis R. Kurth, Phoenix, for respondent dependents.


HAIRE, Judge.

On this review of an award entered by the respondent Commission's hearing officer in a workmen's compensation proceeding, the sole issue concerns the amount of death benefits payable to the unadopted minor stepchildren of the deceased workman.

The deceased employee, Harrison Bittinger, died on April 14, 1976, as a result of an accident arising out of and in the course of his employment. Approximately six weeks prior to his death...

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