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KONICHEK v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 89-0049.

167 Ariz. 296 (1990)

806 P.2d 885

Paul J. KONICHEK (Deceased), Karen M. Konichek (Ex-Wife), Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Cota Robles Sheet Metal, Respondent Employer, No Insurance Section, Respondent Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied March 19, 1991.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara, Tucson, for petitioner employee.

The Indus. Com'n of Arizona by Anita R. Valainis, Chief Counsel, Phoenix, for respondent.

The Indus. Com'n of Arizona by Kent M. Struckmeyer, Phoenix, for respondent party in interest.

OPINION

FERNANDEZ, Chief Judge.

In this special action for review of an Industrial Commission award, the petitioner contends the administrative law judge (ALJ) erred in failing to apply the unexplained death presumption and in deciding this case under A.R.S. § 23-1043.01(A) (heart-related injury, illness or death). Petitioner also questions whether the ALJ's findings were sufficient under Post v. Industrial Commission, 160 Ariz...

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