Cox, Lockwood & Lockwood and L. J. Cox, Jr., all of Phoenix and Elijah Allen, of Mesa, for petitioner.
Donald J. Morgan, of Phoenix, for respondent Industrial Commission. H. S. McCluskey and Robert E. Yount, of Phoenix, of counsel.
Phelps, Justice. La Prade, C. J., and Udall, Stanford and De Concini, JJ., concur.
[71 Ariz. 38] M. A. Bragg, the applicant here, claims to have sustained an injury to his left knee on November 17, 1947 by reason of an accident arising out of and in the course of his employment as foreman of construction for Ed. F. Bridgeman, dba Bridgeman Construction Company. The respondent Bridgeman was engaged in construction work in Phoenix at the time and was then and there employing three or more employees in and about his business who were covered by insurance carried by the Industrial Commission. No claim for compensation was filed with the commission until February 6, 1948.
The commission, acting upon the record then before it, on March 17, 1948, made its findings and award granting compensation to applicant. Upon application of the respondent Bridgeman a rehearing was granted to permit the introduction of new evidence. On May 12, 1948, this hearing was had and the additional evidence adduced. Thereupon the commission made its findings and award finding in so far as here material that applicant "did not sustain a personal injury by accident arising out of and in the course of his employment on November 17, 1947" and ordered "that applicant take nothing from the defendants, or either of them, by reason of his alleged personal injury."
The matter comes to us on certiorari.
Applicant contends that:
1. The finding that applicant did not sustain a personal injury arising out of and in the course of his employment is in conflict with the evidence in the case.
[71 Ariz. 39] 2. The findings are indefinite, in that they contain a negative pregnant.
3. That the undisputed, unimpeached and corroborated evidence shows that as a matter of law applicant did sustain an injury by accident arising out ...