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SMITTY'S SUPER VALU v. INDUSTRIAL COM'N

No. 1 CA-IC 2179.

126 Ariz. 377 (1979)

616 P.2d 52

SMITTY'S SUPER VALU, INC., and United States Fidelity & Guaranty Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Max E. Sterrett, Respondent Employee.

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

Rehearing Denied January 24, 1980.

Review Granted February 20, 1980.

Attorney(s) appearing for the Case

Moore, Jennings, Kepner, Scheffing & Hart by Craig R. Kepner and John R. Cunningham, Phoenix, for petitioners.

James L. Stevenson, Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Jerome & Gibson, P.C. by Don A. Fendon and Richard A. Gibson, Phoenix, for respondent employee.

OPINION

HAIRE, Presiding Judge.

The question in this Special Action-Industrial Commission is whether the evidence supports the hearing officer's award granting a petition to reopen for a new, additional or previously undiscovered condition. We find that it does not and set aside the award.

Respondent employee Max E. Sterrett was injured in the course of his employment at Smitty's Super Valu, Inc. on October 27, 1976 when he injured his back while lifting...

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