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BERGMANN PRECISION, INC. v. ICA

No. 1 CA-IC 99-0173.

15 P.3d 276 (2000)

199 Ariz. 164

BERGMANN PRECISION, INC., Petitioner Employer, v. State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Joseph T. Biritz, Respondent Employee.

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

December 7, 2000.

Attorney(s) appearing for the Case

James F. Crane, Chief Counsel, State Compensation Fund, Phoenix, by Kent M. Struckmeyer, Attorneys for Petitioner's Employer and Carrier.

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

Ronald M. Meitz, Phoenix, Attorney for Respondent Employee.

OPINION

LANKFORD, Presiding Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review for a compensable claim. The dispositive issue is whether a local traveling salesman departs from the course of his employment when he crosses the street to return to his vehicle after a lunch break. We hold that the employee was in the course of employment and that his claim is compensable. We therefore...

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