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ADAMS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1296.

26 Ariz. App. 289 (1976)

547 P.2d 1089

Don C. ADAMS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Karlson Machine Works, Inc., Respondent Employer, Employers Mutual Liability Insurance Company of Wisconsin, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied May 6, 1976.

Review Granted June 2, 1976.

Attorney(s) appearing for the Case

Jerome & Gibson, P.C., by Richard A. Gibson, Phoenix, for petitioner.

Gregory L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Lewis & Roca, by Merton E. Marks and R. Kent Klein, Phoenix, for respondents Employer and Carrier.

OPINION

NELSON, Presiding Judge.

This decision presents for review the question of the validity of Rule 13d, Rules of Procedure for Workmen's Compensation Hearings Before the Industrial Commission of Arizona (November 1, 1973). We hold that Rule 13d, hereinafter quoted, as applied by the hearing officer is in excess of the statutory rule making grant to the Industrial Commission of Arizona. We also hold that the rule itself does not mandate the hearing officer...

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