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BIRD v. INDUSTRIAL COMMISSION

No. 1 CA-IC 561.

14 Ariz. App. 322 (1971)

483 P.2d 63

Daniel S. BIRD, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Hancock Kelley Construction Co., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied April 27, 1971.

Review Denied May 25, 1971.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, Tucson, for petitioner.

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

Robert K. Park, Chief Counsel by Harlan J. Crossman, Phoenix, for respondent Carrier State Compensation Fund.

CASE, Judge.

This review by certiorari involves an Industrial Commission award which denied petitioner's claim for compensation upon the basis that it was not timely filed. The facts necessary for a determination of the issue herein involved are:

In July of 1968 petitioner was employed by Hancock Kelley as a caterpillar operator. His duties required him to operate this tractor over rough and rocky terrain. After he had been working for some two weeks he began...

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