SAMARITAN HEALTH SERV. v. INDUS. COM'N

No. 1 CA-IC 89-100.

170 Ariz. 287 (1991)

823 P.2d 1295

SAMARITAN HEALTH SERVICES, Petitioner Employer, Samcor, now known as the Samaritan Foundation, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Olga Holbert, Respondent Employee.

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

Reconsideration Denied July 10, 1991.

Review Denied February 19, 1992.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by J. Victor Stoffa, Phoenix, for petitioners Employer and Carrier.

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

Chris T. Johnson, Phoenix, for respondent Employee.


OPINION

CLABORNE, Presiding Judge.

The question presented here is whether an injury which occurs while one is engaged in a work-related function, but which results from the worker's physical condition and an activity which involves no strain greater than that which one would experience in a normal nonemployment setting is a compensable injury. We find that it is.

I

In August 1988, when respondent employee, Olga Holbert, was 54 years old,...

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