Kennecott Copper Corporation, a Corp. v. Industrial Commission of Arizona, Civil 4646

• Citation: 149 P.2d 687,61 Ariz. 387
• Decision Date: 14 June 1944
• Docket Number: Civil 4646
• Parties: KENNECOTT COPPER CORPORATION, a Corporation, Petitioner, v. THE INDUSTRIAL COMMISSION OF ARIZONA, and RAY GILBERT, FRED E. EDWARDS and EARL G. ROOKS, as Members of the Industrial Commission of Arizona, and JESUS JAIME, Respondents
• Court: Supreme Court of Arizona

149 P.2d 687

61 Ariz. 387

KENNECOTT COPPER CORPORATION, a Corporation, Petitioner, v. THE INDUSTRIAL COMMISSION OF ARIZONA, and RAY GILBERT, FRED E. EDWARDS and EARL G. ROOKS, as Members of the Industrial Commission of Arizona, and JESUS JAIME, Respondents

Civil No. 4646

Supreme Court of Arizona

June 14, 1944

APPEAL by Certiorari from an Award of The Industrial Commission of Arizona. Award set aside.

Messrs Fennemore, Craig, Allen & Bledsoe, for Petitioner.

Mr. H S. McCluskey and Mr. Fred O. Wilson, for Respondent Industrial Commission.

Messrs Struckmeyer & Struckmeyer, for Respondent Jaime.

OPINION

TRUMAN, Superior Judge.

By stipulation the agreed facts pertaining to the issue involved are as follows:

Jesus Jaime, applicant herein, was employed by defendant, Kennecott Copper Corporation, on or about the 13th day of February, 1942, under contract of employment as leynerman and miner whereby said applicant agreed to perform certain work as a leynerman and miner at the rate of $6.40 per eight hour day and employ such persons as were necessary in the performance of his work, which persons were to be satisfactory to the foreman in charge of the particular area in which said applicant was working and that such applicant was to further receive time and a half for all hours worked in any one week in excess of 40 hours and that in addition thereto the defendant employer Kennecott Copper Corporation agreed to pay said applicant, Jesus Jaime, additional compensation based upon the amount of work completed in any one week. Further under the terms of said contract, a fixed amount of work was to be performed in consideration of the guaranteed wage ($6.40 per 8 hour day with time and a half for all hours of work in any one week in excess of 40 hours), but under no circumstances was he to receive less than such guaranteed wage so long as he remained in the employ of petitioner.

The said applicant began work under the terms of said agreement on February 15, 1942, and that from February 16, 1942, to February 22, 1942, said employee performed other work in and about defendant employer's place of business at the regular miner wage but not under the contract hereinabove referred to. However, from February 22, 1942, until the time of applicant's injury on March 13, 1942, he worked under the terms of said contract and on the 13th day of March 1942, the applicant received permanent injuries as a result of a blast from a missed hole in the course of his employment. That during said course of employment said applicant not only worked several over-time shifts but in addition thereto received under the terms of his agreement additional monies in the sum of $32.84 based upon the excess over and above the minimum work completed under his contract. That the average monthly wage of such an employee at the regular rate plus over-time amounted to the sum of $179.20. The Commission after a rehearing made an award to the applicant on the basis of such $163.20 plus $32.84. From this award the petitioner appeals on the grounds that it is not conformative to the expressed statutory provision of Section 56-952, Arizona Code Annotated,...