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RIOS v. INDUSTRIAL COM'N

No. 1 CA-IC 1853.

120 Ariz. 374 (1978)

586 P.2d 219

Domingo RIOS, Deceased, Herlinda Suniga (Rios), alleged widow, Domingo Suniga (Rios) and Diane Suniga (Rios), minors, Individually and by their guardian ad litem, Herlinda Suniga (Rios), Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Strip-O-Matic, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

October 26, 1978.

Attorney(s) appearing for the Case

Friedman & Foster, P.C. by Stephen C. Newmark, Steven M. Friedman, Phoenix, for petitioners.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Courtney L. Varner, Phoenix, for respondents employer and carrier.

OPINION

EUBANK, Judge.

The main issue raised by this special action is whether the Industrial Commission has jurisdiction to determine the dependency of a minor applicant claiming death benefits under the Workmen's Compensation Act when that determination would necessarily require resolution of a paternity question. We hold that the Commission does have such jurisdiction and set aside the award.

The essential facts are that Domingo Rios died on July...

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