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SPECIAL FUND v. CATALINA TRUCKING CO.

Nos. 1 CA-IC 2678, 1 CA-IC 2682.

134 Ariz. 585 (1982)

658 P.2d 238

The SPECIAL FUND OF the INDUSTRIAL COMMISSION OF ARIZONA, a statutory party in interest pursuant to A.R.S. § 23-1065 and A.R.S. § 23-907, Petitioner, v. CATALINA TRUCKING COMPANY, INC., Respondent Employer, Marvin B. Clifton, Respondent Employee. CATALINA TRUCKING COMPANY, INC., Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Marvin B. Clifton, Respondent Employee, The Special Fund of the Industrial Commission of Arizona, Respondent Carrier.

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

Rehearing Denied December 13, 1982.

Review Denied January 18, 1983.

Attorney(s) appearing for the Case

James A. Overholt, Chief Counsel, Phoenix, for petitioner The Sp. Fund of the Indus. Com'n of Arizona and respondent The Indus. Com'n of Arizona.

Frank W. Frey, Tucson, for petitioner/respondent employer Catalina Trucking Co., Inc.

Donald Estes, Tucson, for respondent employee Marvin B. Clifton.

OPINION

HAIRE, Judge.

In this review of an award entered by the Industrial Commission in a workmen's compensation proceeding, the following three issues are presented by the petitioning employer:

1. Is there evidence to support the administrative law judge's conclusion that the injured claimant was an employee of the petitioner employer (Catalina)? 2. If the claimant was an employee of Catalina, did the injury arise out of that employment...

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