Malinski v. Industrial Commission

McFARLAND, Chief Justice:

This case is before us on a petition for review of a decision of the Court of Appeals, 6 Ariz.App. 387, 433 P.2d 38, vacating an award of The Industrial Commission of Arizona. Decision of Court of Appeals vacated, and award affirmed.

Petitioner is the widow of Lawrence E. Malinski, who, at the time of his death, was employed as an appliance repairman by Black and Ryan, Distributors. The Commission denied her claim for death benefits on the ground that his death was not caused by an accident arising out of and in the course of his employment.

The facts were vague,…