Peterson v. Industrial Commission

HATHAWAY, Judge.

We are asked on this Petition for Writ of Certiorari to set aside an award of The Industrial Commission entered 20 January 1971, denying death benefits to the widow and dependents of Richard L. Peterson. We must decide whether decedent’s death was caused by an “accident arising out of and in the course of his employment,” A. R.S. § 23-1021, and whether evidence of decedent’s intoxication should bar recovery.

Decedent was employed by the respondent employer, a feed miller and supplier, in Willcox, Arizona. On 25 November 1969 he was dispatched to Patagonia, Arizona, to sell feed…