Pottinger v. Industrial Commission

*390OPINION

WREN, Presiding Judge.

This is a review of an award of the Industrial Commission for a non-compensable claim. Petitioner (Pottinger) claims that burns received in the act of smoking arose out of and in the course of his employment by respondent employer (Tucson Realty & Trust Company) within the meaning and definition of the Arizona Workmen’s Compensation Act. (A.R.S. § 23-1021), The Commission found the act of smoking to be a “personal” act which did not arise out of his employment. We agree and therefore affirm the award of no compensation.

The facts of this case are rather bizarre. At…