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DUNN v. INDUSTRIAL COM'N OF ARIZONA

No. CV-92-0050-PR.

177 Ariz. 190 (1994)

866 P.2d 858

Rose DUNN (Widow), James Dunn (Deceased), Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, City of Bisbee, Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, En Banc.

January 6, 1994.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer by Dale D. Tretschok and Carol L. Lohmann, Tucson, for Rose Dunn.

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

Peter C. Kilgard, Chief Counsel, State Compensation Fund, Phoenix, and Elizabeth A. Upham, Tucson, for respondent Employer/Carrier.

OPINION

MARTONE, Justice.

We are asked to decide whether the spouse of a deceased worker has standing to claim workers' compensation death benefits if the spouse was married to the worker at the time of the work-related death but not at the time the worker suffered the trauma that caused death. We also must decide if children and stepchildren of a deceased worker who likewise had no relationship with the worker at the time of trauma are also entitled...

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