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BURNETT v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3803.

158 Ariz. 548 (1988)

764 P.2d 33

Marlene Kay BURNETT, for Bruno BURNETT (deceased), Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Circle K Corporation, Respondent Employer, Circle K Corporation, c/o GAB Business Services, Respondent Carrier.

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

Review Denied November 29, 1988.

Attorney(s) appearing for the Case

Mohr, Hackett, Pederson, Blakely, Randolph & Haga, P.C. by Michele M. Feeney, John J. Nicgorski, Phoenix, for petitioner.

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

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

OPINION

BROOKS, Presiding Judge.

This is a special action review of an Industrial Commission award denying a widow's claim for benefits. The deceased employee was killed during an altercation with a customer. The central issue is whether the employee had abandoned his employment by violating store policy concerning disorderly customers. We set aside the award because regardless of fault, Burnett remained within the...

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