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CITY VAN AND STORAGE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1167.

23 Ariz. App. 551 (1975)

534 P.2d 765

CITY VAN AND STORAGE, Petitioner Employer, The Home Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, and Robert Lee Brown, Respondent Employee.

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

Rehearing Denied June 4, 1975.

Review Denied July 1, 1975.

Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for petitioners.

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

No appearance for the respondent employee.

OPINION

STEVENS, Judge.

Does the file present a debatable issue which, in the absence of a brief by the respondent employee, requires that the award in favor of the employee be set aside? We hold that the answer to this question is in the affirmative.

We are handicapped in this matter in that there are two Industrial Commission claim files, one wherein the carrier was the State Compensation Fund (Fund) and one wherein the carrier is one of the petitioners...

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