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STATE COMPENSATION FUND v. McCOMB AND INDUS. COM'N

No. 1 CA-IC 633.

16 Ariz. App. 303 (1972)

492 P.2d 1241

STATE COMPENSATION FUND, Petitioner Carrier, W.R. Schulz & Associates, Petitioner Employer, v. Alfred H. McCOMB, Sr., Respondent Employee, and The INDUSTRIAL COMMISSION of Arizona, Respondent.

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

Rehearing Denied February 10, 1972.

Review Denied March 14, 1972.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, by Harlan J. Crossman, State Compensation Fund, Phoenix, for petitioner carrier and petitioner employer.

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

HAIRE, Judge.

On this review the State Compensation Fund questions the failure of the Industrial Commission to set a hearing to consider evidence relating to the Fund's claim that an average monthly wage award previously entered by the Commission should be set aside because of an alleged mutual mistake of fact. The pertinent facts are as follows.

Respondent McComb received a compensable injury in 1967. Based upon wage information supplied by his employer,...

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