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BROOKS v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 2447.

136 Ariz. 146 (1983)

664 P.2d 690

Stephen M. BROOKS, Benjamin F. Cooley, c/o Linda Cooley, Guardian, Steven M. Kovalcheck (Deceased), Lynda Kovalcheck Haneman (Widow), Karrie Ann Kovalcheck and Cynthia Marie Kovalcheck, Minor Children, William A. Richardson (Deceased), Martha Ann Richardson (Widow), William Lloyd Richardson, Minor Child, Robert J. Kearns (Deceased), Rachel Kearns (Widow), Chris Bradley, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bechtel Power Corporation, Respondent Employer, Industrial Indemnity Company, Respondent Carrier.

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

Rehearing Denied April 8, 1983.

Review Denied May 24, 1983.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Sam Insana, Phoenix, for Stephen M. Brooks.

Ajamie, Fay & Webb by Louis C. Webb, Phoenix, for Benjamin F. Cooley.

Spencer K. Johnston, Phoenix, for William A. Richardson.

Machmer, Schlosser & Meitz, P.C. by Ronald M. Meitz, Phoenix, for Benjamin F. Cooley.

Fred Creasy, Jr., Phoenix, for Steven M. Kovalcheck.

Ben J. Martin, Scottsdale, for Robert J. Kearns.

James A. Overholt, Chief Counsel, Indus. Com'n of Ariz., Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross, Larry L. Smith, Phoenix, for respondents employer/carrier.

OPINION

EUBANK, Judge.

The issue presented in this special action review of an award of the Industrial Commission denying compensability, is whether the administrative law judge correctly denied the peitioners' claims for workmen's compensation benefits on the basis of the "going and coming" rule. In view of the totality of the facts and the law applicable to them, we are of the opinion that the award denying petitioners' claims for benefits is correct. We...

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