Zaragoza v. Industrial Commission

CAMERON, Chief Judge.

This case is before the Court by writ of certiorari brought by the widow of the deceased employee to review the lawfulness of an award and findings of the Industrial Commission which denied death benefits to her.

The question presented to this Court is whether the decedent’s death was caused by an accident arising out of and in the course and scope of his employment.

The facts necessary for a determination of this matter are as follows. The decedent was performing his duties as a refinerpourer in the employment of the respondent, Phelps Dodge Corporation, on 26 February…