Tipton v. Industrial Commission

DONOFRIO, Judge.

This is a writ of certiorari to review the lawfulness of the decision of The Industrial Commission of Arizona finding petitioner’s claim noncompensable.

Petitioner claims to have suffered an injury by accident arising out of and in the course of his employment due to eating a spoiled sandwich consisting of liverwurst, cheese and mayonnaise. Briefly, the facts are: That petitioner was employed as a heavy duty mechanic for respondent employer, working in the construction of Interstate Highway No. 8 at Mohawk Pass. The location of this employment was 13 miles from the nearest…