Kisco, Inc. v. Industrial Commission

BRAMMER, Judge.

The sole issue presented in this statutory special action is whether the amount of burial expenses provided by A.R.S. § 23-1046 A(1) is determined by the date of death, or by the date of injury if different than the date of death.

Walter Dunn suffered a job-related heart attack on January 6, 1970, which led to his death on August 12, 1996. That his death was job-related is undisputed. The only dispute is the amount of burial expenses to which his widow, Aleda, is entitled under the workers’ compensation statute. Petitioners, Walter’s employer and the State Compensation Fund,…