Gardner v. Industrial Commission

LA PRADE, Judge.

Review by certiorari challenging the award of the Industrial Commission denying claims of widow and minor children for benefits under the Workmen’s Compensation Act, A.C.A.1939, § 56-901 et seq., on account of the death of Elmer Leslie Gardner, husband and father, respectively, of claimants. Deceased was employed by the town of Holbrook, Arizona, as town clerk at the time of his death on February 11, 1950. Benefits under the Act were denied upon the ground that the death by accident did not arise out of and in the course of the employment.

Briefly, the facts disclose that Mr.…