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WHITLEY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 712.

19 Ariz. App. 519 (1973)

508 P.2d 778

Dean R. WHITLEY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Mrs. Yee Shee and Walter Ong (Central Markets), Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Review Denied July 10, 1973.

Rehearing Denied May 22, 1973.

Attorney(s) appearing for the Case

William B. Revis and Lindauer & Goldberg, P.A., by Mark H. Goldberg, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Arizona, Robert K. Park, Chief Counsel, State Compensation Fund and Johnson, Sundberg & Crossman, P.C., by Harlan J. Crossman, Phoenix, for respondents employer and carrier.

EUBANK, Presiding Judge.

This review by our writ of certiorari questions the lawfulness of an award by the Industrial Commission denying petitioner's petition to reopen his 1951 award finding that he suffered no permanent disability resulting from a back injury in 1949.

Petitions to reopen awards of the Industrial Commission are governed by the terms of A.R.S. § 23-1061, subsec. H., which states:

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