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TORRES v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2860.

137 Ariz. 318 (1983)

670 P.2d 423

Andres TORRES, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bruce Church, Inc., Respondent Employer, Associated Indemnity Corporation, Respondent Carrier. Genaro PARRA, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bruce Church, Inc., Respondent Employer, Associated Indemnity Corporation, Respondent Carrier. Manuel HERNANDEZ, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bruce Church, Inc., Respondent Employer, Associated Indemnity Corporation, Respondent Carrier. Jesus FLORES, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bruce Church, Inc., Respondent Employer, Associated Indemnity Corporation, Respondent Carrier. Fausto R. NOVELO, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bruce Church, Inc., Respondent Employer, Associated Indemnity Corporation, Respondent Carrier.

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

August 30, 1983.

Attorney(s) appearing for the Case

Cordova, Flores, Morales & Iniquez by Arnold Cordova, Jr., Phoenix, for petitioners.

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

Jennings, Kepner & Haug by Carolyn Kaluzniacki, Craig R. Kepner, Phoenix, for respondents employer and carrier.

OPINION

JACOBSON, Chief Judge.

The sole issue raised by this review of an award of the Industrial Commission for a noncompensable claim in five consolidated cases is whether five workers injured while going to work in their own transportation were nevertheless in the course and scope of their employment because they were excluded from transportation supplied by the employer.

The claimants in this case were all employed as farm workers by Bruce Church...

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