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BEST v. INDUSTRIAL COMMISSION

No. 1 CA-IC 494.

14 Ariz. App. 221 (1971)

482 P.2d 470

Clyde Alvin BEST, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Kennecott Copper Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

March 18, 1971.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, Tucson, for petitioner.

Fennemore, Craig, von Ammon & Udall by Silas H. Shultz and Michael Preston Green, Phoenix, for respondent employer.

William C. Wahl, Jr., Counsel, Donald L. Cross, Former Chief Counsel, Phoenix, for The Industrial Commission of Arizona.

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

HAIRE, Judge.

On this review of an Industrial Commission award we are required to determine whether the Industrial Commission correctly held that it lacked jurisdiction to hold a hearing because of the employee's alleged failure to timely seek review of the carrier's denial of a petition to reopen. Omitting facts not pertinent to the question raised, the Industrial Commission's claims file shows that the petitioning employee had suffered a compensable injury in 1962...

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