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JOHNSON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 442.

13 Ariz. App. 310 (1970)

476 P.2d 163

Curtis L. JOHNSON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Southwest Forest Industries, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied December 14, 1970.

Review Granted January 26, 1971.

Attorney(s) appearing for the Case

Morgan & Jerome, by D.A. Jerome, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel, Phoenix, State Compensation Fund, for respondent carrier.

Stevenson, Warden & Smith, by Wm. W. Stevenson, Flagstaff, for respondent employer.

STEVENS, Judge.

The very limited issue presented to the Court is whether the action of the Commission in reopening a claim becomes res judicata thereby precluding the Commission from entering a further award denying additional compensation.*

The petitioner, then 47 years of age, sustained an industrial injury on 27 May 1960. On 7 February 1961 the Commission entered its award finding, in part;

"That the medical...

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