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MUSTARD v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 89-0068.

164 Ariz. 320 (1990)

792 P.2d 783

Mary MUSTARD, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, R.V. City, Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 2, Department A.

May 15, 1990.

Attorney(s) appearing for the Case

Dee-Dee Samet, Tucson, for petitioner employee.

The Industrial Commission of Arizona by Anita R. Valainis, Chief Counsel, Phoenix, for respondent.

State Compensation Fund by Christopher E. Kamper, Chief Counsel, and Mark R. Christensen, Tucson, for defendants.

OPINION

ROLL, Judge.

In this special action, petitioner Mary Mustard appeals from the administrative law judge's (ALJ) denial of benefits. Because the ALJ incorrectly concluded that petitioner's injuries arose from horseplay constituting a substantial deviation from her work, we set aside the award.

BACKGROUND

On February 6, 1989, Mustard sustained an injury when accidentally struck with a hammer...

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