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Korff v. Charles Luke Const. Corporation

Supreme Court of Arizona

January 16, 1950

KORFF
v.
CHARLES LUKE CONST. CORPORATION et al

Award affirmed.

Denzil G. Tyler, Ajo, for petitioner.

H. S. McCluskey, Phoenix, Robert E. Yount and Donald J. Morgan, Phoenix, of counsel, for respondent Industrial Commission of Arizona.

De Concini, Justice. La Prade, C. J., and Udall, Stanford, and Phelps, JJ., concurring.

OPINION

De Concini, Justice.

[69 Ariz. 313] This is an appeal from an award of The Industrial Commission of Arizona, hereinafter called the commission, denying compensation for injuries alleged to have resulted from an accident arising out of and in the course of the employment of Charles Korff, hereinafter called the petitioner.

The petitioner was employed by the Charles Luke Construction Corporation, as a carpenter, at its property in Lukeville, Arizona. He worked there from December 10, 1948, to March 19, 1949. On April 22, 1949, petitioner filed a claim for compensation [69 Ariz. 314] with the commission alleging that on or about March 8, 1949, he had suffered an injury by accident arising out of and in the course of his employment. Petitioner claimed he fell from a scaffold thereby injuring his left hip and leg.

On June 18, 1949, the commission entered its findings and award denying compensation to the petitioner on the ground that petitioner did not sustain a personal injury by accident arising out of and in the course of his employment. On August 12, 1949, at a

Page 472

rehearing requested by the petitioner, the commission reaffirmed its original finding and award denying compensation. Petitioner brings this case here for review on the ground that the commission's finding is not sustained by the evidence.

It is a generally accepted rule that in proceedings before the commission under the Workmen's Compensation Act, A.C.A.1939, § 56-901 et seq., the claimant, alleging he is entitled to compensation, must sustain the burden of proof that he is entitled thereto. Hunter v. Wm. Peper Const. Co., 46 Ariz. 465, 52 P.2d 472; Vest v. Phoenix Motor Co., 50 Ariz. 137, 69 P.2d 795.

In order to be entitled to compensation the claimant must sustain the burden of proof by showing (a) there was an accident arising out of and in the course of his employment, and (b) that such accident resulted in the injury for which the law provides compensation. Knapp v. Arizona Highway Department, 56 Ariz. 54, 140 P.2d 180. In reviewing an award of the commission denying compensation it must appear that the evidence is such, that, as a matter of law, the award of the commission must be set aside. The petitioner must therefore prove that upon no reasonable consideration of the evidence could the commission have reached its conclusion. Knapp v. Arizona Highway Department, supra.

The petitioner testified that he had sustained an accident by falling from a scaffold and hanging by his foot from the top rung of a stepladder which was corroborated by one Reynolds, an employee of a nearby service station. However, he failed to establish a causal connection between the alleged injury with the accident except by his own testimony. He further ...


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