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GARCIA v. INDUSTRIAL COMMISSION

No. 1 CA-IC 759.

20 Ariz. App. 145 (1973)

510 P.2d 1050

Antonio C. GARCIA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Kitchell Contractors, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

June 12, 1973.

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 Harlan J. Crossman, Phoenix, for respondent employer and respondent carrier.

HAIRE, Judge.

The Commission's refusal to set aside its prior determination of petitioner's average monthly wage in this workmen's compensation proceeding has been previously reviewed by this Court in Garcia v. Industrial Commission, 13 Ariz.App. 128, 474 P.2d 847 (1970). Prior to that review, the Commission, without a hearing, had entered its award holding that the doctrine of res judicata...

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