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GARCIA v. INDUSTRIAL COMMISSION

No. 1 CA-IC 422.

13 Ariz. App. 128 (1970)

474 P.2d 847

Antonio C. GARCIA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Kitchell Contractors, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied October 30, 1970.

Attorney(s) appearing for the Case

Morgan & Jerome, by Donald J. Morgan, Phoenix, for petitioner.

Donald L. Cross, Chief Counsel, The Industrial Commission of Arizona, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund, by Harlan J. Crossman, Phoenix, for respondent carrier.

STEVENS, Judge.

The issues before the Court are the average monthly wage of the petitioner, Antonio C. Garcia, and the matter of res judicata.*

After a period of sporadic employment and periods of unemployment which the file indicates was a situation created by a strike in the construction industry, Antonio C. Garcia secured employment with the respondent employer on the 23rd day of August 1965. He was a 28-year old married...

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