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BECHTEL POWER CORP. v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 2908.

139 Ariz. 135 (1984)

677 P.2d 298

BECHTEL POWER CORPORATION, Petitioner Employer, Industrial Indemnity Company, Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Jeralyn Carbajal, Respondent Employee.

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

January 5, 1984.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross, and Brian C. Bond, Phoenix, for petitioner employer and petitioner carrier.

Sandra Day, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Gorey, Delaney & Melkonoff by Edgar M. Delaney, Phoenix, for respondent employee.

OPINION

GREER, Judge.

This is a Rule 10 special action review of a July 29, 1982, Industrial Commission award for a compensable claim. The issue is whether the means/ends misconduct rule was misapplied to this case. Because this rule was misapplied and the factual findings do not permit application of the correct rule, we set aside the award.

The respondent employee (claimant) worked as a welder for the petitioner employer (contractor), the principal...

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