Scott v. Rhyan

Petitioners John P. Scott, George E. McMillan and John E. McMillan, d. b. a. Scott & McMillan Mortuary, appeal by certiorari from an award of the Industrial Commission of Arizona, allowing benefits to the surviving widow and children of Jack Ernest Rhyan, a regular employee of petitioners. The Commission found petitioners to be employers of three or more employees and hence subject to the jurisdiction of the Commission under the Workmens Compensation Law. The Commission further found that Jack Ernest Rhyan died from an accident arising out of and in the course of his employment. The petitioners, employers, carried no insurance for the benefit of their employees. The dependent claimants waived any right to any action at law that might have been available to them and filed their claim for benefits with the Commission as permitted by Section 56-947, A.C.A.1939. Petitioners claim error.