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HYPL v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 2004-0018.

111 P.3d 423 (2005)

210 Ariz. 381

Jaroslav HYPL, Petitioner Employee, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, CPS, Inc. For Leased Workers To Corexpress, Respondent Employer, State Compensation Fund, Respondent Insurer. Jaroslav Hypl, Petitioner Employee, v. The Industrial Commission Of Arizona, Respondent, Corexpress, Respondent Employer, Special Fund Division, No Insurance Section, Respondent Party In Interest.

Court of Appeals of Arizona, Division Two, Department A.

May 10, 2005.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C., By Bernard I. Rabinovitz, Tucson, for Petitioner Employee.

The Industrial Commission of Arizona, By Laura L. McGrory, Phoenix, for Respondent.

State Compensation Fund, By James F. Crane and Jeffrey L. Patten, Tucson, for Respondents Employer CPS, Inc. and Insurer State Compensation Fund.

Goering, Roberts, Rubin, Brogna, Enos & Hernandez, P.C., By Pamela Treadwell-Rubin and Laura M. Huntwork, Tucson, for Respondent Employer Corexpress.

Special Fund Division, No Insurance Section, By Andrew Wade, Phoenix, for Respondent Party in Interest.

OPINION

HOWARD, Presiding J.

¶ 1 In this statutory special action, petitioner/employee Jaroslav Hypl challenges the administrative law judge's (ALJ) decision concluding that Hypl had failed to show that his injury occurred in the course of and arose out of his employment with Corexpress. The ALJ made this determination based, in part, on his conclusion that Hypl was not entitled to the benefit of a presumption. Because we conclude that Hypl may...

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