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McNEIL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2304.

126 Ariz. 579 (1980)

617 P.2d 531

James P. McNEIL, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, The City of Tempe/Kyrene School District # 28, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

September 16, 1980.

Attorney(s) appearing for the Case

Venable, Rice, Lee & Capra, by Gilbert T. Venable, Phoenix, for petitioner.

Calvin Harris, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Donald L. Cross, Larry L. Smith, Phoenix, for respondent Employer The City of Tempe.

Moore, Demaree & Long, by James B. Long, Phoenix, for respondent Employer Kyrene School Dist. # 28 and respondent carrier State Compensation Fund.

OPINION

JACOBSON, Presiding Judge.

This review of an award of the Industrial Commission presents the issue of whether federal regulations require that a CETA employee be deemed to be an employee of the "program agent" rather than an employee of the agency which actually utilizes the employee's services.

Both parties agree that the hearing officer's findings of fact adequately reflect the factual posture of this matter, the only controversy being what...

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