Peter Kiewit Sons' Co. v. Industrial Commission

BERNSTEIN, Justice.

In this certiorari proceeding Peter Kiewit Sons’ Co. (hereinafter called the “Company”) seeks to set aside an award of The Industrial Commission of Arizona (hereinafter called the “Commission”) which found that on May 29, 1958, Fred W. Alexander (hereinafter called the “Claimant”) sustained a personal injury by accident arising out of and in the course of his employment with the Company. The injury resulted from an assault committed on Claimant by a third person not in the employ of the Company. As Claimant has filed an election under A.R.S. § 23-1023 “to pursue his remedy…