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D'AMICO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3378.

149 Ariz. 264 (1986)

717 P.2d 943

Tony D'AMICO, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, American Custom Fixtures, Respondent Employer, Mission Insurance Company, Respondent Carrier.

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

April 3, 1986.

Attorney(s) appearing for the Case

Gorey, Delaney & Melkonoff, P.C. by Edgar M. Delaney, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by J. Russell Skelton and Calvin Harris, Phoenix, for respondent employer and carrier.

OPINION

JACOBSON, Presiding Judge.

This is a special action review of an Industrial Commission award denying all permanent disability benefits after the petitioner (claimant) failed to make a good faith effort to find suitable work. The issues presented are (1) whether reasonable evidence supports the finding of this failure; and (2) whether a good faith effort is a substantive requirement for permanent disability benefits. Although ample evidence supports...

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