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IHLE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 504.

14 Ariz. App. 463 (1971)

484 P.2d 232

Sebastian P. IHLE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Magma Copper Company, San Manuel Division, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

April 28, 1971.

Attorney(s) appearing for the Case

Davis & Eppstein, by Robert W. Eppstein, Tucson, for petitioner.

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for respondent employer.

William C. Wahl, Jr., Counsel, Phoenix, for respondent The Industrial Comm.

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

HAIRE, Judge.

The sole issue raised in this review of an Industrial Commission award is whether in establishing the petitioner's post-injury earning capacity the Commission improperly failed to consider the petitioner's work-connected travel expenses.

Prior to his injuries, the petitioner lived in Mammoth, Arizona near the place of his mining employment. As a result of his injuries he was no longer physically able to engage in mining work. In order that he...

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