Reed v. Industrial Commission

447 P.2d 571, 8 Ariz. App. 479, 1968 Ariz. App. LEXIS 572
CourtCourt of Appeals of Arizona
DecidedDecember 2, 1968
DocketNo. 1 CA-IC 197
StatusPublished
Cited by2 cases

This text of 447 P.2d 571 (Reed v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. Industrial Commission, 447 P.2d 571, 8 Ariz. App. 479, 1968 Ariz. App. LEXIS 572 (Ark. Ct. App. 1968).

Opinion

STEVENS, Judge..

During his lifetime, the claim of John O. Reed was presented to this Court and our opinion in connection therewith is reported in 3 Ariz.App. at page 597 and in 416 P.2d at page 1018. The opinion was rendered on 25 July, 1966, The opinion became final with the issuance of this Court’s mandate on 11 August, 1966. Thereafter further proceedings were conducted before the Commission.

Before the issues were resolved by the Commission, Reed died of causes not related to the industrial accident. Mrs. Reed qualified as the personal representative of her husband’s estate. Prior to the time that the Commission completed the processing of the claim, the Superior Court, in probate, assigned the entire estate of Reed to Mrs. Reed as his surviving spouse. A.R.S. § 14-517. The Commission denied any recovery to Mrs. Reed who brought the matter before this Court by writ of certiorari.

We are called upon to answer the following questions:

(1) Does a widow to whom the entire estate of her deceased injured husband has been assigned by the probate court have any standing to collect either compensation or accident benefits from The Industrial Commission ?

(2) Do accident benefits survive the death of the injured workman?, and

(3) Does the entitlement to compensation which at the time of the non-industrially related death has not been reduced to a final award survive that death?

We need not repeat all of the recitations contained in our 1966 opinion. Reed was injured in an industrial accident on 6 December, 1962. He was awarded benefits [480]*480through 26 April, 1963 and denied further compensation by the finding of the Commission that Reed had “fully recovered from any disabling injury.” Our 1966 review of the record convinced us of the error of the Commission’s decision and we set aside the award. We now carry fox-ward a brief history of this claim following the issuance of our mandate.

On 27 September, 1966, the Commission took the formal action necessary to vacate all of its actions which denied compensation and accident benefits to Reed from and after 26 April, 1963. By the same action the Commission specified, in part, as follows:

“Award is hereby made payable to said applicant by the above named insurance carrier as follows:
“1. Accident Benefits and Compensation as indicated.”

Thereafter the referee conducted hearings relative to Reed’s condition and that condition’s causal relationship to the industrial accident. These matters were in issue as of the date of hearings so conducted. In our opinion this was the only appropriate procedure which the referee and the Commission could follow. By this statement they do not preclude the possibility of appropriate inquiry into the injured workman’s disability status from time to time between the date of the injury and the date of the hearing.

The record discloses the following highlights in the chronology of events:

21 November, 1966—A hearing was conducted at which Reed testified. He testified that he had not been able to work since his injury. He testified that he had incurred and paid doctors’ bills for his industrially related care and treatment presenting a number of receipts in connection therewith. He stated that he was drawing “disability” Social Security benefits. At the time of the hearing Mrs. Reed had recently become eligible for and was receiving Social Security benefits.

23 March, 1967—Reed died from causes which were not related to the industrial accident.

12 April, 1967—Mrs. Reed lodged with the Commission a formal request that she be joined as a party. Her request recited that she had petitioned the Superior Coixrt for Letters of Administration.

13 April, 1967—A hearing was held at which two of the doctors who were members of the Consultation Board were examined. Further receipts representing payments by Reed in connection with his post injury care were presented to the Commission.

26 April, 1967—The probate court granted Mrs. Reed’s petition for letters. The letters were issued on this date and were presented to the Commission on 5 May, 1967.

14 August, 1967—In the probate proceeding a decree was entered assigning the entire estate of Reed to Mrs. Reed as his surviving spouse. The decree expressly included the claim before the Commission.

19 September, 1967—On this date the next action was taken by the Commission, being entitled “Findings and Award”. This action apparently disregarded the decree assigning the entire estate to Mrs. Reed. In the Findings and Award the Commission granted Mrs. Reed’s request that she be admitted to the proceedings as an interested party in her capacity as administratrix. There was a finding as to the date of Reed’s death with a further finding that the death was not industrially related. We quote the findings, in part, as follows:

“4. The estate of John O. Reed, Deceased, is not entitled to compensation.
“5. The estate of John O. Reed, Deceased, having been depleted by incurring of debts and/or paying for medical attendance from July, 1963 to December 16, 1966, his estate is entitled to reimbursement of such debts, and medical payments for treatment of any condition directly and causally related to the industrial episode of December 6, 1962.”

[481]*481We quote the award as follows:

“IT IS ORDERED that the Estate of John O. Reed, Deceased, be reimbursed for such medical debts and medical payments made by the deceased during his lifetime between July, 1963, and December 16, 1966, for treatment of any condition directly and causally related to the industrial episode of December 6, 1963.”

31 January, 1968—Following the award of 19 September, 1967, procedural steps were taken before the Commission and on 31 January, 1968, the Commission entered its “Findings and Order Denying Rehearing”. The Commission found that Mrs. Reed “ * * * individually, and as Distributee of the Estate of John O. Reed, deceased * * * is not a party in interest in this claim * * *.” By the same action, the award of 19 September, 1967 was affirmed.

A.R.S. § 23-1068, subsec. B

This section was amended in 1941. Prior to its amendment it was a portion of § 1442 of the 1928 Arizona Revised Statutes and later a portion of § 56-962 of the 1939 Arizona Revised Code. Prior to the 1941 amendment, that portion of A.R.S. § 23-1068, subsec. B which was contained in the earlier Arizona Codes read as follows:

“Compensation * * * shall be exempt from attachment, garnishment and execution, and shall not pass to another person by operation of law * *

The following language was added by the 1941 amendment and is found in the 1952 Supp. to ACA § 56-962, as well as in the current A.R.S. § 23-1068, subsec. B:

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Related

Koval v. Industrial Commission
532 P.2d 549 (Court of Appeals of Arizona, 1975)
Lugar v. Industrial Commission
449 P.2d 61 (Court of Appeals of Arizona, 1968)

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Bluebook (online)
447 P.2d 571, 8 Ariz. App. 479, 1968 Ariz. App. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-industrial-commission-arizctapp-1968.