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DiMURO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3054.

142 Ariz. 57 (1984)

688 P.2d 703

Susan DiMURO, widow of Louis J. DiMuro, deceased, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, American League of Professional Baseball Clubs, Respondent Employer, Home Insurance Company, Respondent Carrier.

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

Review Denied September 26, 1984.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara, Tucson, for petitioner.

Sandra Day, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith and W.C. Wahl, Jr., Phoenix, for respondent employer and respondent carrier.

OPINION

MEYERSON, Judge.

I. FACTS

This is a special action review of an Industrial Commission (Commission) award dismissing a death benefits claim filed by the wife (petitioner) of the deceased employee. The administrative law judge (judge) dismissed the claim because he concluded that the deceased employee (DiMuro) was not "regularly employed" in Arizona under A.R.S. § 23-904.A. (§ 23-904.A.). For the reasons stated herein we...

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