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R.G. ROTH CONST. CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 2168.

126 Ariz. 147 (1980)

613 P.2d 307

R.G. ROTH CONSTRUCTION COMPANY, Petitioner Employer, and Mission Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Lawrence Albers, Respondent Employee.

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

Rehearing Denied June 16, 1980.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by J. Victor Stoffa, Phoenix, for petitioner employer and petitioner carrier.

Calvin Harris, Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Gorey & Delaney by Edgar M. Delaney, Phoenix, for respondent employee.

OPINION

HAIRE, Judge.

On this review of the respondent Commission's award entered in a workmen's compensation proceeding, the sole issue is whether the Commission's hearing officer correctly determined the extent of the second carrier's liability in a fact situation involving successive scheduled injuries. The petitioning carrier was the insurer at the time of the second scheduled injury, and contended that its liability for loss of earning capacity benefits...

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