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EGGLESTON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1247.

24 Ariz. App. 444 (1975)

539 P.2d 918

Harold EGGLESTON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Nielson Building Equipment, Respondent Employer, Fidelity & Casualty Company of New York, Respondent Carrier.

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

Rehearing Denied October 10, 1975.

Review Denied November 18, 1975.

Attorney(s) appearing for the Case

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

Greg L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Ralph E. Mahowald, Jr., Phoenix, for respondent employer and respondent carrier.

OPINION

NELSON, Presiding Judge.

Harold Eggleston (Eggleston), the petitioner herein, was injured on January 11, 1971 when the wall of a ditch in which he was working caved in, partially burying him. He suffered severe injuries to his chest and shoulder causing him to be hospitalized for surgery for repair of his shoulder. The shoulder surgery was unsuccessful, leaving him with a chronic "acromioclavicular separation" and a complete disruption of the "coracoclavicular...

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