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HOUSTON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 741.

19 Ariz. App. 255 (1973)

506 P.2d 646

Robert HOUSTON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Galyen Enterprises, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied March 26, 1973.

Review Denied April 17, 1973.

Attorney(s) appearing for the Case

Noel J.R. Levy, Phoenix, for petitioner.

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

Johnson, Sundberg & Crossman, by Harlan J. Crossman, and Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for respondent employer and respondent carrier.

HAIRE, Judge.

On this review by certiorari of an Industrial Commission award, the petitioning claimant contends that the Commission erred in applying the doctrine of res judicata and refusing to consider claimant's contention that his average monthly wage had been incorrectly established.

On August 7, 1969, claimant, while working as a crop duster pilot, sustained an industrial injury. His claim for workmen...

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