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ALVARADO v. INDUSTRIAL COM'N OF ARIZONA

No. 18115-PR.

148 Ariz. 561 (1986)

716 P.2d 18

Alicia ALVARADO, Widow of Santa Rosa Alvarado, aka Santa Rosa Alvarado, aka Roberto V. Alvarado, deceased, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Metler Bros. Drilling Corp., (2) Magma Copper Company, (4) Roman Noseck Mines, (6) Banner Mining Co., (7) (7A) Boyles Bros. Drilling Co., (8) Anaconda, (9) Glen Thatcher, (11), Respondent Employers, State Compensation Fund (2), (4), (6), (7 & 7A), (8), (11); the Travelers Insurance Company (9), Respondent Carriers.

Supreme Court of Arizona, En Banc.

February 26, 1986.

Attorney(s) appearing for the Case

Dennis Kavanaugh, Chief Counsel, Industrial Com'n, Phoenix, for Industrial Com'n.

Robert K. Park, Chief Counsel, State Compensation Fund by George B. Morse, Sandra Day, Tucson, for Metler Roman Bros., Magma Copper Co., Roman Noseck Mines, Banner Mining Co., Boyles Bros. Drilling Co., Glen Thatcher and State Compensation Fund.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Lawrence Lieberman, Larry L. Smith, Phoenix, for Anaconda and The Travelers Ins. Co.

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for Magma Copper Co.

Tretschok, McNamara & Clymer by Dale D. Tretschok, Julia Schmidt, Tucson, for petitioner.

FELDMAN, Justice.

We have accepted review of this case to decide whether A.R.S. § 23-1107(B)(3) (repealed by Laws 1973 ch. 53, § 4) abrogates the right guaranteed by the Arizona Constitution art. 18, § 8 that "compensation shall be required to be paid ... in case of injury [or] death" to workers if it arose from or was caused in the course of their employment. The widow's claim for death benefits in this case was dismissed by the administrative law...

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