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ESTATE OF PLEMONS v. INDUSTRIAL COM'N

No. 2 CA-IC 89-0051.

167 Ariz. 300 (1990)

806 P.2d 889

ESTATE OF Robert L. PLEMONS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, J Jon Corporation, Respondent Employer, State Compensation Fund, Respondent Insurance Carrier. Clara B. PLEMONS (Widow), Robert L. Plemons (Deceased), Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, J Jon Corporation, Respondent Employer, State Compensation Fund, Respondent Insurance Carrier.

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 Brian I. Clymer, Tucson, for petitioner employee and petitioner.

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

State Compensation Fund by W. Smith Michael, Tucson, for respondents employer and carrier.

OPINION

FERNANDEZ, Chief Judge.

In this workers' compensation case, the employee's estate and his widow contend that the administrative law judge (ALJ) erred in failing to apply the unexplained death presumption and in deeming the widow's claim denied although no notice of claim status had been issued. We find no error and affirm the award.

Robert Plemons's body was found on June 11, 1987 near one of the portable toilets that he emptied and cleaned...

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