Marquez v. Industrial Commission

517 P.2d 1269, 110 Ariz. 273 (1974)

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Marquez v. Industrial Commission

Arizona Supreme Court
517 P.2d 1269, 110 Ariz. 273 (1974)

Facts

Ramon Marquez worked for Magma Copper Company (defendant) from 1955 to 1968. From 1955 to 1958, Ramon worked as an underground miner and was exposed to silicon dioxide dust for approximately 832 shifts. This exposure caused silicosis, making Ramon’s lungs fibrotic and causing undue strain on his heart. As a result, Ramon died of heart failure in 1968. Ramon’s widow, Maria Marquez (plaintiff), filed a claim for workers’-compensation death benefits. Both the Industrial Commission (defendant) and the court of appeals denied Maria’s claim. Ramon’s exposure to silicon dioxide dust fell outside the minimum requirements of the Arizona Occupational Disease Act, which required a minimum of 1,200 shifts within the 10 years immediately preceding death, for death from silicosis to be compensable. Further, the Industrial Commission and court of appeals held Ramon’s death was not a result of an accident as required by the Arizona Workmen’s Compensation Law. The Arizona Supreme Court accepted Maria’s petition for certiorari.

Rule of Law

Issue

Holding and Reasoning (Struckmeyer, J.)

Dissent (Hays, C.J.)

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