FRY'S FOOD STORES v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 91-059.

173 Ariz. 578 (1992)

845 P.2d 504

FRY'S FOOD STORES OF ARIZONA, Petitioner Employer, Alexsis Risk Management, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, William Steele, Respondent Employee.

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

Review Granted February 17, 1993.


Attorney(s) appearing for the Case

Joseph L. Moore, Ltd. by Joseph L. Moore, Phoenix, for petitioners.

Anita R. Valainis, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

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


OPINION

GARBARINO, Judge.

JURISDICTION

This is a special action review of an industrial commission award denying apportionment under both the occupational disease and the industrial injury apportionment statutes. See Ariz. Rev. Stat. Ann. ("A.R.S.") sections 23-901.05, -1044(E). The Administrative Law Judge concluded that apportionment under both statutes requires a preexisting earning capacity disability

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