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ESSIG v. INDUSTRIAL COMMISSION

Nos. 1 CA-IC 419, 1 CA-IC 628.

17 Ariz. App. 371 (1972)

498 P.2d 183

Robert J. ESSIG, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Arizona Highway Patrol, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied July 18, 1972.

Review Denied September 26, 1972.

Attorney(s) appearing for the Case

Morgan & Jerome, by Donald J. Morgan, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund, by Ronald M. Meitz, Machmer & Schlosser, Ltd., Phoenix, for respondent employer and respondent carrier.

HAIRE, Chief Judge.

In this matter, the review of two separate proceedings before the Industrial Commission have been consolidated.

The petitioner poses as the question presented for review the following:

"Can the Commission disregard overlapping and concurrent claims, and by treating each separately, deny both reopening and new injury, where the evidence is clear there was a continuing status of restriction from regular work?"

In stating...

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