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Jones v. Industrial Commission

Supreme Court of Arizona

April 25, 1950

JONES
v.
INDUSTRIAL COMMISSION et al

Award affirmed.

William D. Lyerle, of Tucson, attorney for petitioner.

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

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

OPINION

Phelps, Justice.

Page 590

[70 Ariz. 146] This is a proceeding in certiorari in which petitioner seeks a reversal of the findings an award of the Industrial Commission denying him compensation for injuries suffered which he claims resulted from an accident arising out of and in the course of his employment.

The facts are that on June 15, 1949 and for about nine weeks previous thereto petitioner was employed as a farm laborer by Helena S. Rascob who was engaged in farming operations in Pima County. During the period of petitioner's employment he did some carpenter work and assisted in baling hay a couple of days, during which time he sustained certain bruises to the anterior portion of his legs above the knees. This occurred in May, 1949. But petitioner was primarily engaged during his employment in irrigating summer crops being grown on said farm lands.

[70 Ariz. 147] The evidence disclosed that while irrigating, his feet were wet most of the time. The evidence further disclosed that petitioner was and had been for some time afflicted with arteriosclerosis which is an abnormal thickening and hardening of the walls of the arteries damaging the lining of these vessels.

Petitioner's vascular disorder had not reached an advanced stage and the nature of the affliction was unknown to him until informed by doctors who were in attendance upon him after the occurrence on June 15th of a blood clot in an artery on the back of the right leg just below the knee. The doctors were unable to dissolve the blood clot and a gangrenous condition developed necessitating the amputation of the right leg between the knee and the hip. Petitioner's application for compensation was denied by the commission upon the ground that his injury was not the result of an accident arising out of and in the course of his employment.

To entitle an injured employee to compensation under the Workmen's Compensation Act, A.C.A. 1939, § 56-901 et seq., three things must concur: (1) the injury must be the result of an accident;

Page 591

(2) it must have arisen out of his employment and (3) it must have arisen in the course of his employment. We have so often made this pronouncement that citation of authorities to support it is unnecessary. Equally well established is the rule that if an injured person is suffering from a disease at the time ...


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