KINNARD v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 90-046.

170 Ariz. 281 (1991)

823 P.2d 1289

Randall KINNARD, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Cyprus Twin Buttes Corporation, Respondent Employer, Cyprus Minerals Company, Respondent Carrier.

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

Petition and Cross-Petition for Review Granted February 19, 1992.


Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Trace A. Bartlett, Phoenix, for petitioner Employee.

Anita R. Valainis, Chief Counsel, Indust. Com'n of Arizona, Phoenix, for respondent.

O'Conner, Cavanagh, Anderson Westover, Killingsworth & Beshears, P.A. by Donald L. Cross and J. Victor Stoffa, Phoenix, for respondents Employer and Carrier.


OPINION

LANKFORD, Judge.

The question presented in this challenge to the denial of temporary disability benefits is whether the administrative law judge could find that the claimant's loss was caused by his termination from employment for misconduct rather than by an industrial injury. We hold that the judge's finding was supported by evidence, and we therefore uphold the award denying benefits.

I.

The claimant, Randall Kinnard, was employed...

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