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GAUGHAN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 855.

21 Ariz. App. 137 (1973)

516 P.2d 1232

Robert A. GAUGHAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Nantucket Lobster Trap, Respondent Employer, Maryland Casualty Company, Respondent Carrier.

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

Rehearing Denied February 13, 1974.

Review Denied March 12, 1974.

Attorney(s) appearing for the Case

Chris T. Johnson, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, Phoenix, The Industrial Commission of Ariz., for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph E. Mahowald, Phoenix, for respondent employer and respondent carrier.

OPINION

DONOFRIO, Presiding Judge.

This matter is before us by writ of certiorari to review the lawfulness of an award and findings of The Industrial Commission of Arizona determining that petitioner had a noncompensable claim because he did not sustain an injury by an accident arising out of and in the course and scope of his employment.

Briefly, the facts are as follows: Petitioner was employed a waiter by the respondent employer. His normal working...

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