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GERMAN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 275.

12 Ariz. App. 301 (1970)

469 P.2d 867

Richard GERMAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, June Excavating Company, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied June 25, 1970.

Review Denied September 29, 1970.

Attorney(s) appearing for the Case

Gorey & Ely, by Stephen S. Gorey, and Sherman R. Bendalin, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel, by C.A. Edwards, Jr., Phoenix, for respondent Carrier State Compensation Fund.

STEVENS, Judge.

On 13 June 1966 the petitioner, then a 42-year-old pipe layer, was completely buried when a ditch in which he was working caved in.1 On 28 February 1969 the Commission entered an award, one of the findings being "5. Applicant has no disability attributable to the accepted industrial episode of June 13, 1966." It is this award which has been brought to us for review. This matter is decided under the law as it existed prior...

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