APPEAL by Certiorari from an award of The Industrial Commission of Arizona. Award affirmed.
Mr. E. T. Cusick and Mr. John D. Lyons, Jr., for Petitioner.
Mr. Burt H. Clingan (Mr. Albert Mackenzie, of Counsel), for Respondent Industrial Commission.
Claiming that her husband, Louis Ezekiels, while in the employ of the city of Tucson, Arizona, as a policeman, received injuries on November 21, 1926, from which he died September 22, 1931, Lulu Matilda Ezekiels, on the twenty-third day of December, 1931, on her own behalf and in behalf of her daughter, Ina M., filed with the Industrial Commission of Arizona [41 Ariz. 42] a claim against the city of Tucson, employer, and the Industrial Commission as insurance carrier, for death benefits. Thereafter, on January 25, 1932, at the city hall in Tucson a hearing was had on petitioner's demand at which both oral and documentary evidence was introduced, which was later transcribed and submitted to the Industrial Commission for consideration and decision.
On March 2, 1932, the commission made the following findings and award:
"1. That the above-named deceased (Ezekiels), while employed . . . by the above-named defendant employer, who was insured against liability for compensation under said (Workmen's Compensation) law by the above-named defendant insurance carrier, sustained an injury by accident arising out of and in the course of his said employment, entitling him to compensation therefor in the total sum of $2,506.61. . . .
"3. That said deceased died on the 23rd day of September, 1931, as a result of carcinoma of the stomach, the proximate cause of which is undetermined but may not in any way be considered as related to his injury.
"Now, therefore, it is ordered that the applicant take nothing from the defendants, or either of them, by reason of said death."
April 11, 1932, claimant filed with the commission an application for a rehearing on the ground that the findings and award were not supported nor justified by the evidence. This application for rehearing was denied, and the record, proceedings, and evidence before the commission are here for review in response to a writ of certiorari.
The attack is on the commission's finding that there was no causal connection between Ezekiels' injuries of November 21, 1926, and his death on September 22, 1931. The rule we have adopted with reference [41 Ariz. 43] to the commission's findings is that if such findings are ...