DELGADO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 93-0082.

183 Ariz. 129 (1994)

901 P.2d 1159

Juan DELGADO, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Northside Hay, Respondent Employer, Paula Insurance Company, Respondent Carrier.

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

Review Denied September 12, 1995.


Attorney(s) appearing for the Case

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

Spencer K. Johnston, Phoenix, for respondent/employer/carrier.

Don A. Fendon, Phoenix, for petitioner.


OPINION

LANKFORD, Presiding Judge.

This is a special action from an Arizona Industrial Commission decision denying compensability. The issue presented is whether Claimant's injuries sustained from an unexplained explosion while using his employer's air pump for a personal purpose arose out of and in the course of his employment. Because the employer condoned its employees' personal use of the air pump and the Claimant's deviation from his work was insubstantial...

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