APPEAL from a judgment of the Superior Court of the County of Maricopa. Arthur T. LaPrade, Judge. Judgment affirmed.
Mr. W. L. Barnum and Mr. R. H. Brumback, for Appellant.
Messrs. Wilson & Wilson, for Appellee.
[57 Ariz. 379] LOCKWOOD, C.J.
Alabam Freight Lines, a corporation, plaintiff, has appealed from a judgment in favor of George C. Chateau, defendant. The facts of the case as shown by the record and construed most strongly in behalf of defendant, as under our rule we must construe them, may be stated as follows:
Defendant, while in the employ of plaintiff, received an injury arising out of and in his employment which caused him temporary disability from December 24, 1936, to April 19, 1937, on which date he resumed his employment. Before the bringing of this suit plaintiff paid medical and hospital expenses of defendant in the sum of $423.58. It also paid him $409.98, which it had received from Maryland Casualty Company on an accident insurance policy of which defendant was [57 Ariz. 380] the beneficiary, although the premium had been paid by plaintiff. In May, 1937, defendant executed the following instrument:
"IN CONSIDERATION of the payment of weekly indemnities as provided by Maryland Casualty Co.'s accident policy No. 24,600 and hospital and medical expenses to in hand paid by Maryland Casualty Co., and Alabam Freight Co., Inc., jointly, I do hereby release and forever discharge said Maryland Casualty Co. and Alabam Freight Co. from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which heretofore have been or which hereafter may be sustained by me in consequence of an accidental injury received by me on December 24th, 1936....
"IT BEING FURTHER AGREED AND UNDERSTOOD, That the payment of said indemnities and medical and hospital expenses... is not to be construed as an admission on the part of said Maryland Casualty Co. and/or Alabam Freight Co., Inc. of any liability whatever in consequence of said accident."
On October 7, 1937, almost one year after the accident occurred, the Industrial Commission of Arizona, called the commission, made an award in favor of defendant and against plaintiff, in the following language:
"Award is hereby made payable to said applicant by the above named defendant employer as follows:
"1. The sum of $307.79, payable forthwith.
"IT IS ORDERED that the above named defendant employer pay the reasonable cost of the medical, surgical and hospital treatment necessary to cure and relieve said applicant from the effects of said injury.
"IT IS FURTHER ORDERED that any payments of compensation or medical benefits heretofore made on account of said injury are to be credited upon this award ...