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EPSTEIN'S CUSTOM CARPENTRY v. INDUS. COM'N

No. 1 CA-IC 3653.

155 Ariz. 284 (1987)

746 P.2d 25

EPSTEIN'S CUSTOM CARPENTRY, Petitioner Employer, Mission Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Albert Epstein, Respondent Employee, Steve Demenge, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Reconsideration Denied December 14, 1987.

Attorney(s) appearing for the Case

John F. Day, Phoenix, for petitioner employer and carrier.

Dennis P. Kavanaugh, Chief Counsel, Phoenix, for respondent.

Rabinovitz & Associates by Gary M. Israel, Bernard I. Rabinovitz, Tucson, for respondent employee.

Robert K. Park, Chief Counsel, State Compensation Fund by Fred R. Sands, Tucson, for respondent employer and carrier.

OPINION

JACOBSON, Judge.

This is a review of an Industrial Commission award allowing a claimant who failed to contest a finding of no permanent disability to reopen his claim notwithstanding the fact that there was no change in his physical condition. The issue before this court is whether this result is required under the decision of Gallegos v. Industrial Commission, 144 Ariz. 1, 695 P.2d 250

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