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CARONDELET HEALTH SERV. v. INDUS. COM'N OF ARIZONA

No. 2 CA-IC 92-0020.

173 Ariz. 575 (1992)

845 P.2d 501

CARONDELET HEALTH SERVICES, self-insured employer, Petitioner Employer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Laura Timmons (Deceased), and Ila M. HIESTER, real party in interest, Respondent Employee.

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

Review Denied February 17, 1993.

Attorney(s) appearing for the Case

Kimble, Gothreau & Nelson, P.C. by Frank W. Frey, Tucson, for petitioner employer.

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

Dee-Dee Samet, Tucson, for respondent employee.

LACAGNINA, Presiding Judge.

In this appeal we must decide whether death benefits awarded under A.R.S. § 23-1046 are limited to the class of dependents specified in subsection A of the statute. We hold that they are so limited and set aside the award by the Industrial Commission allowing death benefits to be paid to the deceased employee's 64-year-old sister.

Laura Joanne Timmons, the deceased employee, was born to Ila May Hiester when Hiester was 17 years...

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