HARDWARE MUTUAL CASUALTY CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 1061.

23 Ariz. App. 535 (1975)

534 P.2d 749

HARDWARE MUTUAL CASUALTY COMPANY and Palo Verde Construction Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Leslie E. Loutzenheiser, Respondent Employee, Horizon Land Corporation and Robert Ward Construction Company, Respondent Employers, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied June 4, 1975.

Review Denied July 10, 1975.


Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks, Phoenix, for petitioners.

Edward F. Cummerford, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Davis & Eppstein by Dale D. Tretschok, Tucson, for respondent employee.

Robert K. Park, Chief Counsel, State Compensation Fund by Dee-Dee Samet, Tucson, for respondent employers and respondent carrier.


OPINION

STEVENS, Judge.

Historically, the same claimant has sustained three back injuries, each while working for a different employer. Each was a compensable injury. The awards here in question, directed that the second and third employers and their carriers, bear equally the payment of any permanent compensation which may be awarded. The basic question for the decision of this Court is whether, under the facts, there can be a valid apportionment between...

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