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NOBLE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 95-0166.

188 Ariz. 48 (1996)

932 P.2d 804

Robert C. NOBLE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, ABCO Markets, Inc., Respondent Employer, Transamerica Insurance Company, Respondent Carrier.

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

Reconsideration Denied March 4, 1997.

Attorney(s) appearing for the Case

Ellen E. Hendrickson and Toby Zimbalist, Phoenix, for Petitioner.

Anita R. Valainis, Chief Counsel, Industrial Commission of Arizona, Phoenix, for Respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross and Lisa M. Ashbrook, Phoenix, for Respondents Employer and Carrier.

OPINION

THOMPSON, Judge.

This is a review of an award and decision upon review denying compensability. Applying our independent judgment, we conclude that an injury arises out of and in the course of employment when a worker voluntarily but reasonably uses his or her employer's premises after-hours and the origin of the risk resulting in the injury is the employer's business use of the premises. We accordingly set aside the award and decision upon review....

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