Russell v. Industrial Commission

HAYS, Justice.

This case is before us on a petition for review of a decision of the Court of Appeals, Russell v. Industrial Commission, 8 Ariz.App. 563, 448 P.2d 407 (1968), which set aside an award of the Industrial Commission as contrary to the evidence before the Commission. We vacate the decision of the Court of Appeals and affirm the award of the Industrial Commission.

On February 3, 1964, petitioner was engaged in the performance of his duties as a police officer of the City of Tucson when he was injured under circumstances indicating third party liability. Petitioner elected to pursue…