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PUTVAIN v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 2683.

140 Ariz. 153 (1983)

680 P.2d 1214

Bert A. PUTVAIN (Deceased); Heidi F. Putvain (Alleged Widow); Bert A. Putvain, Jr., a minor; Jason G. Putvain, a minor; Aaron H. Putvain, a minor; Individually and by their Guardian Ad Litem, Heidi F. Putvain; Tammy Lee Putvain, a minor; Individually and by her Guardian Ad Litem, Sharon Putvain Hall, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, National Metals, Respondent Employer, Transportation Insurance Company, c/o Insurance from CNA, Respondent Carrier.

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

Rehearing Denied October 13, 1983.

Review Granted November 22, 1983.

Attorney(s) appearing for the Case

Alston, Edwards & Novak, P.C. by Cecil A. Edwards, Jr., Phoenix, for petitioner Heidi F. Putvain.

James A. Overholt, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Jennings, Strouss & Salmon by Steven C. Lester and Ronald H. Moore, Phoenix, for respondents Employer and Carrier.

OPINION

JACOBSON, Chief Judge.

The sole issue in this review of an award of the Industrial Commission is whether a widow who was originally abandoned by her husband may be considered to have abandoned her husband within the meaning of A.R.S. § 23-1064 at the time of his death in an industrial setting.

This action originated when the petitioner, Heidi F. Putvain, on November 7, 1980, filed a claim for...

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