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KISCO, INC. v. INDUSTRIAL COM'N OF ARIZ.

No. 2 CA-IC 97-0040.

949 P.2d 49 (1997)

190 Ariz. 389

KISCO, INC., Petitioner Employer, STATE Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Aleda Dunn, Widow, Walter Dunn, Deceased, Respondent Employee.

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

As Corrected November 14, 1997.

Attorney(s) appearing for the Case

James F. Crane, Chief Counsel, State Compensation Fund by Lawrence J. Sandell, Tucson, for Petitioner Employer and Petitioner Carrier.

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

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz, Tucson, for Respondent Employee.

BRAMMER, Judge.

The sole issue presented in this statutory special action is whether the amount of burial expenses provided by A.R.S. § 23-1046 A(1) is determined by the date of death, or by the date of injury if different than the date of death.

Walter Dunn suffered a job-related heart attack on January 6, 1970, which led to his death on August 12, 1996. That his death was job-related is undisputed. The only dispute is the amount of burial expenses to...

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