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HOME INS. CO. v. INDUSTRIAL COMMISSION

No. 14034-PR.

123 Ariz. 348 (1979)

599 P.2d 801

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.

Supreme Court of Arizona, In Banc.

September 4, 1979.

Attorney(s) appearing for the Case

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

John D. 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.

GORDON, Justice:

This case involves an Industrial Commission's finding that the decedent employee, Ronald D. Conway (Conway) was employed by both Richard N. Fischer (Fischer) and Bestway Trucking Company (Bestway) at the time of his fatal industrial accident. The hearing officer held Bestway and Fischer each responsible for one-half of the benefits due Conway's widow and children. The Court of Appeals, in a consolidated special action, affirmed the award of the Commission...

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