D. Kelly Turner, of Phoenix, for petitioner.
Robert W. Pickrell, of Phoenix, for respondent Industrial Commission. H. S. McCluskey and Robert E. Yount, of Phoenix, of counsel.
De Concini, Justice. Udall, C. J., and Stanford, Phelps and La Prade, JJ., concur.
De Concini, Justice.
[73 Ariz. 294] Wanda E. McBride, widow of the deceased workman, Doxsee H. McBride, petitioned for a writ of certiorari to review the action of the respondent Industrial Commission of Arizona in denying her claim for widow's and minors' benefits under the Workmen's Compensation Law, A.C.A.1939, § 56-901 et seq.
Petitioner assigns four errors based on a number of propositions of law. The first two assigned errors are to the effect that the commission failed to act judicially and that it acted "arbitrarily and capriciously in obtaining a review of a challenged medical opinion, and in relying upon the review which declined to re-evaluate the challenged medical opinion". The other two assignments of error challenge the award on the ground that it is not supported by the evidence.
While the facts surrounding the accident and death of the deceased are not complicated, yet the history of this case in the annals of the commission has a number of ramifications. The commission held five hearings, examined numerous laboratory reports and medical opinions, and consistently held that the deceased's death had no relation to the accident he sustained.
The deceased, on November 26, 1948, was in the employ of Fannin's Gas & Equipment Company. While working as an installation helper on one of the delivery trucks, he was struck on the chest with a heavy "boomer chain". The blow did not cause him to lose consciousness, but did cause pain and loss of breath. He was immediately taken to a doctor, who examined him and ordered that X-rays be taken of the right chest and shoulder. McBride remained in the hospital overnight. The accident happened on a Friday and he returned to work early the next week.
He tried to continue with the same type of heavy work that he had done previously, but complained of pains in his chest and difficulty of breathing, so after several days he was assigned to lighter work.
On February 25, 1949, he consulted a physician who, after an examination, recommended that he consult a heart specialist. This he did, and on the latter's advice ceased working at that time. This was the
first time that McBride learned that he suffered from any type of heart trouble.
[73 Ariz. 295] On March 11, 1949, two days before McBride died, he filed a petition with the commission for readjustment or reopening of the award for accident benefits made by that body on January 20, 1949. (This award covered ...