Estate of Garcia v. Industrial Commission

OPINION

GREER, Judge.

This is a special action review of an Industrial Commission award denying a widow’s claim for benefits. One issue is presented: Whether the administrative law judge’s conclusion that the petitioner/claimant voluntarily abandoned her husband prior to his death as defined in A.R.S. § 23-1064(A)(l) was reasonably supported by the evidence and applicable law. We find that the award is reasonably supported by the evidence and affirm.

Claimant and her husband were married on March 26, 1976, in Phoenix, Arizona. The couple had a stormy relationship, and claimant testified that she…