Phelps Dodge Corporation v. Cabarga

LA PRADE, Chief Justice.

Certiorari to review an award of the Arizona Industrial Commission granting death benefits to the widow and minor children of Ysidoro P. Cabarga, deceased.

The decedent at the time of his death was an employee of the petitioner, Phelps Dodge Corporation, Douglas Reduction Works, at Douglas, Arizona. It is admitted that the injury suffered by deceased and from which he died, arose out of and occurred in the course of the employment, but it is contended by the employer that the injury was not an “injury by accident”. The findings to this effect are challenged as not being…