Worthington v. Industrial Commission of Ariz.
| Citation | 88 Ariz. 192,354 P.2d 47 |
| Decision Date | 14 July 1960 |
| Docket Number | No. 7104,7104 |
| Parties | Carrie L. WORTHINGTON, widow of James Monroe Worthington, Jr., Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, and Will H. Minor, et al., Little Horn Mining Company, Respondents. |
| Court | Supreme Court of Arizona |
Westover, Mansfield, Westover & Copple, Yuma, Lawrence Ollason, Tucson, of counsel for petitioner.
Donald J. Morgan, Phoenix, for respondent Industrial Commission of Arizona; James D. Lester, C. E. Singer, Jr., Frances M. Long, Phoenix, Edward E. Davis, Glendale, of counsel.
This case comes to us for the third time on certiorari from an award of the Industrial Commission involving the death of James Monroe Worthington, husband of petitioner. The facts are fully set forth in 85 Ariz. 310, 338 P.2d 363, and will not be repeated here. It was stipulated by counsel in open court that we could decide the case on its merits upon the records and briefs then before us. We accept the offer.
Petitioner claims that the Commission did not consider an item of board of $5 per day in addition to the $300 per month decedent received from the Little Horn Mining Company during the months of June, July and August 1955. Petitioner testified decedent worked for the Little Horn Mining Company from the last of May to the first of September. His total income, according to his Federal Income Tax for the year 1955, was $2,750.62. A large portion of this sum was derived from a partnership mining adventure in which he engaged that year with a Mr. Sturges. We find nothing in the record that would justify the Commission in enlarging the base for petitioner's compensation awarded by it. Petitioner agrees with the Commission that the total amount of decedent's income, as shown by his Federal Income Tax, for the year 1955 was $2,750.62. Decedent was not regularly employed. His earnings for 1955 as an employee of the Little Horn Mining Company was less than one-half his total earnings for the year. As we view the situation, the law of the case was determined in 85 Ariz. 310, 338 [88 Ariz. 194] P.2d 363, supra, according to the record then before us in which we held that decedent was 'killed by an accident arising out of and in the course of his employment.'
Subsequent to said decision, the Commission held further hearings relating to said matter on August 13 and on December 3, 1959, respectively; and, on April 19, 1960, made its findings and award which corresponded with our decision in 85 Arizona, sup...
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