Morris v. Industrial Commission

CAMERON, Judge.

This matter is before the Court on a writ of certiorari to review the lawfulness of an award of non-compensable claim issued by the Arizona Industrial Commission.

We are called upon to determine whether petitioner’s hernia comes within the provisions of the Arizona Hernia Statute (23-1043 A.R.S.).

The claimant was working on the “graveyard” or 11:30 p. m. to 7:30 a. m. shift as a motorman in respondent Magma Copper Company’s mine on Saturday, 6 June— Sunday, 7 June, 1964. He had assisted in lifting and moving a load of 12x12 drift timbers during his shift in the early morning of…