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FRAZIER v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3059.

145 Ariz. 488 (1985)

702 P.2d 717

James FRAZIER, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, No Insurance, Respondent Carrier, Bill E. French, Respondent Employee.

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

Publication Ordered June 18, 1985.

Review Denied August 20, 1985.

Attorney(s) appearing for the Case

Dee-Dee Samet, P.C. by Dee-Dee Samet, Tucson, for petitioner.

The Industrial Commission of Arizona, Dennis P. Kavanaugh, Chief Counsel by Sandra A. Day and Lorraine Friedman, Phoenix, for respondent.

Robert J. Hoyt, P.C. by Michael E. Larkin, Tucson, for respondent employee.

OPINION

JACOBSON, Chief Judge.

The facts in this review of an Industrial Commission award are as follows. On April 9, 1981, the alleged employee, Bill E. French, (claimant) suffered an injury to his eye. The claimant maintained he was working for James Frazier, the alleged employer (petitioner) constructing a wall when a line snapped and struck the claimant in the eye. The petitioner maintained the claimant was not working for him but rather, he was "just...

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