Nelson v. Industrial Commission

OPINION

WREN, Judge.

The question presented here is whether Johnnie L. Nelson, the petitioner and surviving widow, is entitled to benefits under the 1973 revisions of Arizona’s occupational disease law where her deceased husband’s injurious exposure to asbestos occurred pri- or to the revision but his disablement and death occasioned by the exposure occurred after the enactment of the 1973 revisions.

The Industrial Commission’s findings and award determined that the Commission was without jurisdiction to consider the petitioner’s claim. The award was based on an offer of proof and response filed…