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ROSS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 895.

22 Ariz. App. 209 (1974)

526 P.2d 416

Robert ROSS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Roman Metal Products, Respondent Employer, The Fidelity & Casualty Company of New York, c/o Underwriters Adjusting Company, Respondent Carrier.

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

Rehearing Denied October 16, 1974.

Review Granted December 17, 1974.

Attorney(s) appearing for the Case

Johnson, Hayes & Dowdall, Ltd. by Anthony D. Terry and Dee-Dee Samet, Tucson, for petitioner.

William C. Wahl, Jr., Former Chief Counsel by R.E. Taylor, Legal Counsel, Phoenix, for respondent, The Industrial Commission of Arizona.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Donald L. Cross and Lawrence H. Lieberman, Phoenix, for respondent employer and respondent carrier.

OPINION

HAIRE, Presiding Judge.

On this review of a workmen's compensation award entered by the Industrial Commission, the petitioning workman contends that:

1. Pursuant to the provisions of A.R.S. § 23-1044 E he should have received an unscheduled1 award for his industrial injury;

2. That in any event he was entitled to compensation from the "second injury" fund created by A.R.S. § 23-1065 A(3) (as amended...

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