Gonzales v. Industrial Commission

OPINION

WREN, Judge.

This is a review of an award of the Industrial Commission of Arizona which found that petitioner had a noncompensable claim in that he did not sustain an injury by accident arising out of and in the course of employment.

On the day of the accident, June 12, 1972, petitioner, Frank Gonzales, was employed as a heavy equipment operator by respondent employer, Phelps Dodge Corporation. He was qualified to operate various types of heavy equipment including a “backhoe”, which he had been assigned by his foreman to operate that day, and also a “loader”, the machine he was operating…