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Krupp v. J. C. Penney Company

Supreme Court of Arizona

January 31, 1938

ELIZABETH A. KRUPP, Petitioner,
v.
J. C. PENNEY COMPANY, Defendant Employer, THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Defendant Insurance Carrier, Respondents

APPEAL by Certiorari from an award of The Industrial Commission of Arizona. Award set aside.

Mr. Clarence E. Houston, for Petitioner.

Messrs. Snell, Strouss & Salmon, for Respondent, Insurance Carrier.

OPINION

Page 693

[51 Ariz. 229] LOCKWOOD, J.

Elizabeth A. Krupp, hereinafter called petitioner, presented her claim to the Industrial Commission, hereinafter called the commission, asking for an award of compensation for an injury which she alleged she had received in an accident arising out of and in the due course of her employment for the J. C. Penncy Company, hereinafter called the employer. The commission made the following findings and awards:

"Findings.

"1. That the above named applicant while employed in the State of Arizona by the above named defendant employer, sustained an injury by accident arising out of and in the course of her said employment on or about November 27, 1935.

"2. That at said time said employer and said employee were subject to the terms of the Workmen's [51 Ariz. 230] Compensation Law and to the jurisdiction of this Commission.

"3. That at said time said employer was insured against the liability for compensation imposed by said law by the above named defendant insurance carrier.

"4.That the evidence is insufficient to establish that said injury caused any temporary or permanent partial disability, and the evidence is further insufficient to establish that the disability from which said applicant alleges to be suffering is proximately the result of injury.

"Award.

"Now, Therefore, It is ordered that the applicant take nothing from the defendants, or either of them, by ...


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