GEORGE SORENSON, Administrator De Bonis Non of the Estate of JAMES T. WHALEN (Also Known as J. T. WHALEN), Deceased, Appellant,
SIX COMPANIES, INC., a Corporation, and THE INDUSTRIAL COMMISSION OF ARIZONA, a Department of the State of Arizona, Appellees
APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Niles, Judge. Judgment affirmed.
Messrs. Moeur & Moeur, for Appellant.
Mr. Blaine B. Shimmel and Mr. Laurens L. Henderson, for Appellee Six Companies.
Mr. Howard A. Twitty, for Appellee Industrial Commission of Arizona.
[53 Ariz. 84] LOCKWOOD, J.
George Sorenson, as administrator de bonis non of the estate of James T. Whalen, deceased, hereinafter called plaintiff, brought suit in the superior court of Maricopa County against Six Companies, Inc., a corporation, hereinafter called the company, and the Industrial Commission of Arizona, hereinafter called the commission. The substantial allegations of the complaint were as follows:
James T. Whalen on October 8, 1931, while employed by the company, sustained injuries by reason of an accident arising out of and in the due course of his employment. As a result of said injuries the commission assumed jurisdiction in the
case and made findings and an award prior to the death of Whalen which, so far as material, read as follows:
[53 Ariz. 85] "Findings.
"1. That the above-named applicant, while employed in the State of Arizona by the above-named defendant employer, who was insured against liability for compensation under said law by the above-named defendant insurance carrier, sustained an injury by accident arising out of and in the course of his said employment on October 8, 1931, which injury caused temporary disability entitling said applicant to compensation therefor in the total sum of $5,181.23, all of which has been paid.
"2. Said injury caused also a permanent partial disability equal to 65 per cent. loss of function of the left leg, entitling said applicant to compensation therefor in the sum of $84.00 monthly for a period of 32 1/2 months.
"3. That it appears to the best interests of said applicant that said compensation for said permanent partial disability be commuted to its fair present value ...