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Magma Copper Co. v. Gonzales

Supreme Court of Arizona

October 30, 1944

MAGMA COPPER COMPANY, a Corporation, Petitioner,
v.
RAFAEL G. GONZALES, and THE INDUSTRIAL COMMISSION OF ARIZONA, Respondents

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

Award set aside.

Mr. Edward W. Rice, and Mr. C. Leo Guynn, for Petitioner.

Mr. H. S. McCluskey and Mr. David P. Jones, for Respondents.

Ross, J. McAlister, C. J., and Stanford, J., concur.

OPINION

Ross, J.

[62 Ariz. 10] This is an appeal by certiorari from an award of the Industrial Commission, under the Arizona Occupational Disease Disability Law, chapter 26, as passed by the Sixteenth Legislature, regular session, in the case of Magma Copper Company, Petitioner, v. Rafael G. Gonzales and The Industrial Commission, respondents, and is the first case brought to this court under this act.

The material facts concerning which there is no dispute may be stated as follows: When the application was made for compensation it is agreed the applicant was suffering from silicosis complicated by an active pulmonary tuberculosis, constituting total disability under section 12 of the act, and that applicant's last day of work was September 11, 1943.

During the ten years immediately preceding disablement and prior to July 24, 1937, applicant was engaged for a portion of the time in non-dusty agricultural labor on ranches in Arizona and California, picking cotton and fruit, and after July 24, 1937, he was employed for portions of the time in underground mining work for Kennecott Copper Corporation at Ray, Arizona, and for Magma Copper Company at Superior, Arizona.

During such ten-year period he was employed by Kennecott Copper Corporation in four different periods, as follows:

From July 24, 1937, to March 5, 1938.

From May 4, 1938, to June 14, 1938.

From August 22, 1938, to January 24, 1939.

From October 16, 1939, to ...


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