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FEDERICO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 94-0095.

186 Ariz. 382 (1996)

923 P.2d 848

George FEDERICO (deceased), Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Maricopa County, DOT, Respondent Employer, Maricopa County, DOT, Respondent Carrier.

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

Review Denied September 17, 1996.

Attorney(s) appearing for the Case

Brown, Arenofsky, Squire & Sacco by Eric C. Awerkamp, Mesa, for Petitioner.

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

Steven C. Lester, P.C. by Steven C. Lester, Phoenix, for Respondent Employer and Carrier.

OPINION

WEISBERG, Judge.

The surviving mother ("Claimant") of George Federico ("the deceased") seeks review of an award denying her death benefits. The Administrative Law Judge ("ALJ") concluded that, although Claimant had been partially dependent upon the deceased on the date of his death, she was not entitled to death benefits because of her subsequent receipt of over $200,000 in life insurance proceeds. Claimant contends this was error. In addition, the...

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