Bechtel Power Corp. v. Industrial Commission

OPINION

GREER, Judge.

This is a Rule 10 special action review of a July 29, 1982, Industrial Commission award for a compensable claim. The issue is whether the means/ends misconduct rule was misapplied to this case. Because this rule was misapplied and the factual findings do not permit application of the correct rule, we set aside the award.

The respondent employee (claimant) worked as a welder for the petitioner employer (contractor), the principal contractor for Arizona Public Service Company (APS) on the Palo Verde Nuclear Generating Station. The contractor maintained a private access road…