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Inspiration Consolidated Copper Co. v. Roseberry

Supreme Court of Arizona

July 6, 1943

INSPIRATION CONSOLIDATED COPPER COMPANY, a Corporation, Defendant-Employer, Petitioner,
v.
EARL K. ROSEBERRY, Applicant, and THE INDUSTRIAL COMMISSION OF ARIZONA, Defendant-Insurance Carrier, Respondents

APPEAL by certiorari from an award of The Industrial Commission of Arizona. Award affirmed.

Mr. Edward W. Rice, for Petitioner.

Mr. H. S. McCluskey and Mr. Fred O. Wilson, for Respondent The Industrial Commission of Arizona.

Mr. Guy Anderson, for Respondent Earl K. Roseberry.

OPINION

[60 Ariz. 436] McALISTER, C.J.

Earl K. Roseberry filed a claim for compensation for an injury by accident arising out of his employment by the Inspiration Consolidated Copper Company, a corporation, and from an award by the Industrial Commission in his favor, the Inspiration Company has brought the matter hare by certiorari for review.

The applicant, Earl K. Roseberry, had been employed by the Inspiration Company as a carpenter for 15 or 16 months and on or about the 12th day of September, 1942, he filed a claim for compensation for an injury by accident arising out of his employment alleged to have occurred on the 12th day of August, 1942, and a hearing was had on this claim on November 10, 1942. It appears that he was laying flooring in the acid plant in which there was a steel pipe about four feet in diameter and running parallel with the flooring and that it was only 12 or 15 inches above the floor. The applicant testified as follows:

"Q. What were you doing at the time of the injury? A. Working under a large steel pipe and it was between a foot and fifteen inches from the floor and I was in a strained position reaching when this occurred. The knee wrenched and with the weight twisted and locked.

"Q. That was your right knee? A. Yes sir.

"Q. Was your weight on the knee? A. Yes sir. The strain was on my knee.

"Q. What were you reaching for? A. Under the pipe to nail the board.

"Q. Just what occurred there, what feeling did you have? A. Just locked, and I started to fall to one side [60 Ariz. 437] before I could straighten up and it was a few minutes before I could rise and stand on

Page 447

my other foot and when I did I nearly passed out. I couldn't hardly get my breath ...


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