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CITY OF PHOENIX v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 3453.

154 Ariz. 324 (1987)

742 P.2d 825

CITY OF PHOENIX, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, John A. Robertson (Dec'd), Evorah Faye Robertson (Widow), Respondent Employee, Sixpence Inns of America, Respondent Employer, Mission Insurance Company, Respondent Carrier.

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

Reconsideration Denied May 28, 1987.

Review Denied September 22, 1987.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by Peter C. Kilgard, Phoenix, for petitioners.

Dennis P. Kavanaugh, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

Spencer K. Johnston, Phoenix, for respondent employee.

Lewis and Roca by Merton E. Marks, R. Todd Lundmark, James K. Kloss, Phoenix, for respondent employer and carrier.

OPINION

EUBANK, Judge.

This is a special action review of an Industrial Commission award which granted death benefits against the petitioner employer, City of Phoenix (City) and the petitioner carrier, State Compensation Fund (Fund). Three issues are presented:

(1) Whether the respondent employee (deceased) was an employee of the respondent employer (Sixpence) rather than an independent contractor. (2) Whether the deceased was jointly employed...

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