Toler v. Industrial Commission

OPINION

NELSON, Judge.

This is a review of an award of the Industrial Commission for a noncompensable claim. Petitioner (Toler) claims the injuries he received as the result of an unprovoked assault by a coemployee occurring during normal working hours on the premises of the respondent employer (Phoenix Newspapers, Inc.) arose out of and were received in the course of his employment, and are therefore compensable (A.R.S. § 23-1021). The hearing officer found, and the Commission affirmed, that the assault was personal in nature and consequently did not arise out of Toler’s employment. We…