MULLINS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 448.

15 Ariz. App. 283 (1971)

488 P.2d 488

Roscoe P. MULLINS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Pete King Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

September 13, 1971.


Attorney(s) appearing for the Case

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

William C. Wahl, Jr., Chief Counsel, Phoenix, for Industrial Comm. of Ariz.

Robert K. Park, Chief Counsel, State Compensation Fund by Ronald M. Meitz, Phoenix, for State Compensation Fund and Pete King Corp.


EUBANK, Judge.

This case presents the question of whether an industrial claimant, who refuses to undergo exploratory surgery and who refuses or neglects to participate in a (work) rehabilitation program and who subsequently receives an award denying permanent compensation due primarily to his lack of cooperation, is entitled to have the award set aside because of an alleged subsequent ameliorative change of heart concerning the surgery and rehabilitation.

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