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STATE COMPENSATION FUND v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1215.

23 Ariz. App. 505 (1975)

534 P.2d 436

STATE COMPENSATION FUND and Elster's, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Hector Hernandez, Respondent Employee.

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

Rehearing Denied June 4, 1975.

Review Granted July 8, 1975.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by Courtney L. Varner, Phoenix, for petitioners.

Edward F. Cummerford, Chief Counsel, The Industrial Commisson of Arizona by Greg L. Folger, Phoenix, for respondent.

Meadow Nastro & Thrasher by R.Y. Thrasher, Phoenix, for respondent employee.

OPINION

WREN, Judge.

This review by certiorari questions the sufficiency of the evidence to support an Industrial Commission award reopening respondent's claim on the basis that he had sustained an "additional" disability. We find the evidence does not support the award.

On March 24, 1971, respondent, Hector Hernandez, suffered an industrial back injury, diagnosed as a superficial laceration of his right back and a traumatic myositis. His claim for...

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