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CAMPBELL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 89-008.

165 Ariz. 583 (1990)

799 P.2d 1357

J.D. CAMPBELL, J.D. Campbell Realty Company, Sunrise Water Company, Petitioner Employers, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert L. Ritter, Respondent Employee, Arizona Department of Economic Security-Division of Vocational Rehabilitation, Campbell's Mercantile, Inc., Respondent Employers, No Insurance Fund of the Industrial Commission of Arizona, State Compensation Fund, Respondent Carriers.

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

Review Granted November 27, 1990.

Attorney(s) appearing for the Case

Fennemore Craig by John W. Main, Jr., Joseph L. Moore, Associate Counsel, Phoenix, for petitioner Employers.

Anita R. Valainis, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent and respondent Carrier No Ins. Fund.

Christopher E. Kamper, Chief Counsel, State Compensation Fund, Phoenix, for respondent Carrier State Compensation Fund.

Robbins & Green by Joe M. Romley, Phoenix, for respondent Employer Campbell's Mercantile, Inc.

Jerome, Gibson & Stewart, P.C. by Kathleen M. Bergman, Phoenix, for respondent Employee.

Jones, Skelton & Hochuli by Calvin Harris, Gregory L. Folger, Phoenix, for respondent Employer DES-DVR and respondent Carrier State Compensation Fund.

OPINION

KLEINSCHMIDT, Judge.

This is a review of an Industrial Commission award for a compensable claim against an employer. The problem arises out of the fact that the employee was injured when he was on a trip that had both a personal and a business purpose. The award was based upon the finding of the administrative law judge that the employee was within the course of his employment at the time he was injured. We find that he was not, and we set aside the...

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