KOMALESTEWA v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 03-0041.

99 P.3d 26 (2004)

209 Ariz. 211

Austin KOMALESTEWA, Petitioner Employee, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Stoneville Pedigree Seed, Respondent Employer, Wausau Insurance Companies, Respondent Carrier.

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

October 20, 2004.


Attorney(s) appearing for the Case

Don A. Fendon, P.C., Don A. Fendon, Phoenix, Attorney for Petitioner Employee.

Laura L. McGrory, Chief Counsel, Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Cross & Lieberman, P.A. by Donald L. Cross, Phoenix, Attorneys for Respondents Employer and Carrier.


OPINION

HALL, Judge.

¶ 1 Employee Austin Komalestewa ("Komalestewa") appeals the decision of the Administrative Law Judge ("ALJ") finding his claim noncompensable. Komalestewa argues that the ALJ erred by determining that Komalestewa's intoxication at the time of his injury was a substantial contributing cause of his injury, thus barring his workers' compensation claim. See Ariz.Rev.Stat. ("A.R.S.") § 23-1021(C) and (H)(2) (Supp.2003) (providing...

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