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Safeway Stores, Inc. v. Gilbert

Supreme Court of Arizona

March 21, 1949

SAFEWAY STORES, Inc., et al.
v.
GILBERT et al

Workmen's compensation proceeding by Marion Allard, employee, opposed by Safeway Stores, Inc., and Hartford Accident & Indemnity Company, a corporation, insurance carrier. To review an award of the Industrial Commission of Arizona, Ray Gilbert and others, members, the employer and insurance carrier bring certiorari.

Award affirmed.

Theodore G. McKesson, Thomas P. Riordan and James D. McKesson, all of Phoenix, for petitioners.

Robert R. Yount, of Phoenix (H. S. McCluskey, of Phoenix, of counsel), for respondents.

De Concini, Justice. Udall, Stanford and Phelps, JJ., concur. Note: Due to illness, the CHIEF JUSTICE did not participate in determining this appeal.

OPINION

De Concini, Justice.

[68 Ariz. 203] This case comes to us on a writ of certiorari to review an award of the Industrial Commission of Arizona, hereinafter referred to as the commission, in favor of Marion Allard, claimant, an employee of the Safeway Stores. Petitioners are the Hartford Accident and Indemnity Co., a corporation, insurance carrier and Safeway Stores, Inc., the employer. Respondent is the Industrial Commission of Arizona. The facts are as follows:

Marion Allard, age twenty-eight, weight ninety pounds, mother of two children, was in the employ of Safeway Stores, Inc., almost continuously from October 1943 to April 4, 1947, the date of her injury. Her work was classified as "store clerk" and she, with other women in the store alternated weekly as clerk, cashier and stocking shelves. Among her duties she was obliged to load the dairy case. On April 4, 1947, she loaded three crates of milk on a cart; when she lifted the fourth crate she felt something snap in her back and was unable to complete the job. Each of these crates weighed approximately sixty pounds. The injury occurred on a Friday; she worked off and on until the following Friday when the pain in her back became so intense her doctor ordered her not to return to work.

She was referred to several doctors. Her case was diagnosed as muscle spasm over the lumbar region of the lower back. The medical consultation board for the Industrial Commission on October 17, 1947, reported the general condition and symptoms of her back injury and recommended psychotherapy. Treatment by a psychiatrist followed with very little results. She was discharged by her last doctor on January 31, 1948.

After several hearings and rehearings, the Industrial Commission affirmed its award of $ 1,183.05 in favor of claimant to date of January 31, 1948. We have three questions to answer on this appeal: (1) Was there an accident? (2) Was there an injury compensable under the Workmen's Compensation Law, A.C.A.1939, § 56-901 et seq.? (3) Was the commission justified in allowing compensation to claimant while under treatment of a [68 Ariz. 204] neuropsychiatrist? All three questions must be answered in the affirmative.

In this case there is sufficient evidence to sustain the commission's finding

Page 871

that claimant suffered an accident as this term has been defined by this court in the following cases: Phelps Dodge Corp. v. DeWitt, 63 Ariz. 379, 162 P.2d 605; Goodyear Aircraft Corp. v. Industrial Comm., 62 Ariz. 398, 158 P.2d 511; Matter of Mitchell, 61 Ariz. 436, 150 P.2d 355. The commission by law is made the fact finding body, each case of course to be determined upon its own peculiar facts.

The doctors' reports and testimony sustain the findings of the Industrial Commission that Marion Allard suffered an ...


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