Sacks v. Industrial Commission

JACOBSON, Judge.

The petitioner in this Workmen’s Compensation proceeding was a stock clerk in the employ of the respondent School District on April 22, 1968, 1 when she sustained a protrusion or herniation of lumbar discs while arising from a toilet on the premises of the employer. The issue before us is whether the injury was one “arising out of” the petitioner’s employment. See A.R.S. § 23-1021, subsec. A. Under the facts, we find ourselves in agreement with the determination of the Commission denying compensation.

While the evidence adduced at the hearing before the referee indicates that…