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INSURANCE CO. OF NO. AMERICA v. INDUSTRIAL COMM.

No. 1 CA-IC 508.

15 Ariz. App. 235 (1971)

488 P.2d 49

INSURANCE COMPANY OF NORTH AMERICA, Petitioning Carrier, Stearns-Roger Corporation, Petitioning Employer, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Edward Francis Argust, Respondent Employee.

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

Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, P.C., by Merton E. Marks, Phoenix, for petitioners.

Charles M. Brewer, and James D. Lester, Phoenix, for respondent employee.

William C. Wahl, Jr., Chief Counsel, Phoenix, for The Industrial Commission of Arizona.

EUBANK, Judge.

We granted our writ of certiorari to review the lawfulness of an award made by the respondent The Industrial Commission on June 19, 1970, determining that, as a result of an industrial accident on September 14, 1964, respondent-employee Argust had sustained a 100% loss of earning capacity.

The facts are that Argust was injured, suffering from an acute strain of the muscles of the right lumbosacral area of his back, while employed by petitioner...

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