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ZIV v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 3846.

160 Ariz. 330 (1989)

773 P.2d 228

Rick ZIV, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent. Sunburst Industries, Inc., Respondent Employer. Fremont Indemnity Company, Respondent Carrier.

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

Review Denied June 6, 1989.

Attorney(s) appearing for the Case

Jerome, Gibson & Stewart by James L. Stevenson, Phoenix, for petitioner.

Catherine A. Fuller, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by Calvin Harris and Melinda K. Kelley, Phoenix, for respondents Employer and Carrier.

OPINION

JACOBSON, Judge.

Petitioner Rick Ziv (claimant) seeks special action review of an Industrial Commission award for a noncompensable claim. We frame the issue as did the administrative law judge: "The essential question is whether an employee who is in effect also the owner and operator of a business and who becomes ill because of the failure or the impending failure of such business is deemed to have sustained [a mental] injury by accident arising out...

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