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Cooper v. Industrial Commission

Supreme Court of Arizona

October 27, 1952

COOPER
v.
INDUSTRIAL COMMISSION

Award affirmed.

Shute & Elsing, of Phoenix, for petitioner.

Robert E. Yount, of Phoenix, H. S. McCluskey and Robert W. Pickrell, of Phoenix, of counsel, for respondent Industrial Commission.

La Prade, Justice. Udall, C. J., Stanford and De Concini, JJ., and W. E. Patterson, Judge Superior Court, concurring. Note: Judge PHELPS, being unable to take part in the disposition of this case, the Hon. W. E. PATTERSON, Judge of Superior Court of Yavapai County, participated in his stead in the determination of this appeal.

OPINION

La Prade, Justice.

[74 Ariz. 352] This proceeding grows out of a writ of certiorari that was issued by this court ordering a review of an award of the Industrial Commission of Arizona, denying the petitioner, John Cooper, compensation as an injured employee.

The record discloses that petitioner received an injury while working at the residence of Mr. Anthony Van Wagenen in Phoenix, Arizona, at which time he was doing carpentry work. At the date of this occurrence Van Wagenen was the president and sole owner of all the shares of stock in an Arizona corporation known as the General Farms Company, which carried a policy of insurance with the Industrial Commission. The corporation was engaged in extensive farming operations, with its principal place of business at Eloy, Arizona. The petitioner was carried on the payroll of the General Farms Company, and at the time of the accident was reported as an employee of the company. However, further investigation disclosed that although

Page 143

petitioner was carried as an employee of the company and was paid by the company, that this bookkeeping operation was for the accommodation of Van Wagenen, and that Van Wagenen's personal account with the company was charged with the wage payments made to petitioner. Van Wagenen, at his residence, had no employees other than domestic help and the petitioner.

[74 Ariz. 353] The findings of the Commission were:

1. That the injuries sustained by John Cooper on the 17th day of May, 1951 arose out of his employment with a Mr. Anthony Van Wagenen, an individual, and not in the employment of General Farms Company, a corporation.

2. That Van Wagenen, as an individual, did not have in his employ three or more workmen employed in a usual trade ...


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