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PRODUCERS COTTON OIL v. INDUSTRIAL COM'N

No. 2 CA-IC 91-0059.

171 Ariz. 24 (1992)

827 P.2d 485

PRODUCERS COTTON OIL, Petitioner Employer, The Home Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, A.C. Rodgers, Jr., Respondent Employee.

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

March 10, 1992.

Attorney(s) appearing for the Case

Potts & Peterson by Richard G. Potts, Phoenix, for petitioner employer and petitioner carrier.

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

Miller, Pitt & McAnally, P.C. by Armando Rivera, Tucson, for respondent employee.

OPINION

FERNANDEZ, Presiding Judge.

The only issue in this workers' compensation case is whether the administrative law judge (ALJ) erred in finding that respondent's injury is compensable when the evidence showed that his blood alcohol level was .21% to .23% at the time of his accident. We find no error and affirm the award.

Respondent was employed as a suction feeder at the Producers Cotton Oil cotton gin in Marana, Arizona. On October 31, 1990...

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