TRAVELERS INSURANCE CO. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 708.

18 Ariz. App. 28 (1972)

499 P.2d 759

TRAVELERS INSURANCE COMPANY and Power Line Erectors, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Cyril Carr, Respondent Employee.

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

Rehearing Denied August 24, 1972.


Attorney(s) appearing for the Case

Burch, Cracchiolo, Levie, Guyer & Weyl, by Joseph L. Moore, Phoenix, for petitioners.

Gorey & Ely, by Stephen L. Weiss, Phoenix, for respondent Employee.

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


JACOBSON, Judge.

This appeal by way of a writ of certiorari deals with the question of whether an untimely denial of the opportunity to depose a medical witness requires setting aside the award.

The respondent, Cyril Carr, suffered an industrial injury in May 1967, when the truck he was driving for his employer, Power Line Erectors, ran off the side of the road after an unsuccessful attempt to negotiate a turn. Carr filed a claim for benefits which was accepted...

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