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HOLDER v. INDUSTRIAL COMMISSION OF ARIZONA

No. 1 CA-IC 2228.

125 Ariz. 366 (1980)

609 P.2d 1066

John R. HOLDER (deceased); Robert David Cuddeby and Kristy Ann Cuddeby, Individually and by their guardian ad litem, Alice Cuddeby, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Valley Sprayers & Dusters Service, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied March 25, 1980.

Review Denied April 15, 1980.

Attorney(s) appearing for the Case

Moore, Demaree & Long by James B. Long, Phoenix, for petitioners.

Calvin Harris, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund, by John R. Greer, Phoenix, for respondents employer and carrier.

OPINION

JACOBSON, Judge.

The issue presented in this review of an award of the Industrial Commission is whether a deceased workman's natural children who were legally adopted by another prior to the workman's industrial injury which resulted in death are entitled to death benefits under the Workmen's Compensation Act.

The facts giving rise to this issue were stipulated and therefore not disputed. The decedent, John R. Holder, and Alice Pringle (now...

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