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McDUFFEE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 525.

15 Ariz. App. 541 (1971)

489 P.2d 1243

Joseph B. McDUFFEE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Floyd Hartshorn Plastering Co., Inc., Respondent Employer, Liberty Mutual Insurance Co., Respondent Carrier.

Court of Appeals of Arizona, Division 1.

November 1, 1971.

Attorney(s) appearing for the Case

W. Mercer Bouldin, Tucson, for petitioner.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Ralph E. Mahowald, Jr., Phoenix, for respondents Employer and Carrier.

HOWARD, Judge.

Joseph B. McDuffee, along with two co-workers, sustained an industrial injury on June 24, 1969, and his claim was duly accepted for benefits by appellee insurance carrier. On July 17, 1969, the Commission issued its notice of average monthly wage which set petitioner's wage at $901.60. Pursuant to petitioner's timely request, a hearing was held on May 21, 1970, at which time petitioner and his co-workers, Arthur O. Martinez and Antonio Torres, all represented...

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