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Lowman v. The Industrial Commission of Arizona

Supreme Court of Arizona

December 4, 1939

FRANCES LOWMAN, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, and AMPHITHEATRE SCHOOL DISTRICT No. 10, Respondents

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

Messrs. Armstrong, Kramer, Morrison, Roche & Duffy, for Petitioner.

Mr. Rouland W. Hill and Mr. Howard A. Twitty, for Respondents.

OPINION

[54 Ariz. 414] ROSS, C.J.

On November 16, 1938, and for some time prior thereto, Frances Lowman was employed as a teacher in Amphitheatre School District No. 10, of Pima County. The board of trustees of such public school carried insurance for its teachers in the state compensation fund. On that day petitioner slipped, while crossing a polished floor in the schoolroom, and fell against a library table striking her chest and shoulder, and it is claimed as a result thereof she sustained [54 Ariz. 415] a strained back and neck and severe nervous shock," which had the effect of lighting up and aggravating injuries suffered by her in an accident about a year before, or on November 8, 1937.

On January 27, 1939 the Industrial Commission passed on her application for compensation and made the following findings and award:

"4. That the above named applicant sustained an injury by accident arising out of and in the course of his (her) said employment on or about the 16th day of November, 1938.

"5. That the evidence is insufficient to establish that said injury caused any temporary or permanent disability.

"AWARD

"NOW, THEREFORE, IT IS ORDERED that the applicant take nothing from the defendants, or either of them, by reason of said claim.

"IT IS FURTHER ORDERED that any party aggrieved by this award may apply for rehearing of the same, by filing application therefor at the office of this Commission within twenty days after the service of this award, as provided by the rules and regulations of this Commission."

The applicant was dissatisfied with the disposition of her claim by the Industrial Commission and in due time applied for a

Page 406

rehearing, which was granted and held in Tucson on April 29, 1939. On May 17th the commission rendered its decision affirming the ...


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