El Dorado Insurance Co. v. Industrial Commission

OPINION

NELSON, Presiding Judge.

Two issues are presented on review of this award of the Industrial Commission. The threshold issue is whether the business relation of respondent Norman A. Tanner and his deceased wife, Theresa L. Tanner, with Florida Continental Express was that of employees or independent contractors. The second issue goes to the question of whether Norman Tanner must show some dependency on his wife, Theresa Tanner, to entitle him to widower’s benefits under A.R.S. § 23-1046(A). A connected question deals with the constitutionality of the conclusive presumption of dependency…