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Fred Harvey Company v. The Industrial Commission of Arizona

Supreme Court of Arizona

November 16, 1932

FRED HARVEY COMPANY, a Corporation, and GENERAL ACCIDENT ASSURANCE CORPORATION, LIMITED, a Corporation, Petitioners,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, R. B. SIMS, WM. E. HUNTER and C. W. HARTMAN, Members of the Industrial Commission of Arizona, Respondents

APPEAL by Certiorari from an award of the Industrial Commission of Arizona. Award affirmed.

Mr. W. L. Barnum, for Petitioners.

Mr. Burt H. Clingan, for Respondents.

OPINION

[41 Ariz. 65] ROSS, J.

This is an appeal by the employer, Fred Harvey Company, and the insurance carrier, General Accident Assurance Corporation, Limited, from an award by the Industrial Commission of Arizona to J. E. McKenzie, employee.

On October 24, 1931, McKenzie filed an application with the Industrial Commission claiming that on August 18, 1931, while he was working for the Fred Harvey Company at Bright Angel Camp, Grand Canyon National Park, as a vegetable man, it fell to him to put a sack of potatoes into a bin off the kitchen; that while he had the sack on his shoulder his right trouser leg caught in the bail of a lard tub, throwing him against the potato bin and hurting "his spine in the small of his back."

The commission, after investigating McKenzie's claim, on December 10, 1931, made the following findings and award:

"Findings.

"1. That the above named applicant, while employed in the State of Arizona by the above named defendant employer . . . sustained

Page 950

an injury by accident arising out of and in the course of his said employment on August 18, 1931, which injury caused [41 Ariz. 66] temporary disability entitling said applicant to compensation in the sum of $24.45 every fifteen days, until said applicant is able to resume employment and/or until the further order of this Commission.

"2. That the compensation for temporary disability accrued as of December 10th, 1931, is $184.19. . . .

"Award.

"Award is hereby made payable to said applicant by the above named defendant insurance ...


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