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SMITH v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1309.

26 Ariz. App. 297 (1976)

547 P.2d 1097

Henry D. SMITH, Sr., Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, City of Tucson, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied May 6, 1976.

Review Granted June 2, 1976.

Attorney(s) appearing for the Case

David Eppstein & Tretschok by Dale D. Tretschok, Tucson, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund, by George B. Morse, Tucson, for respondents employer and carrier.

OPINION

NELSON, Presiding Judge.

Our decision in Adams v. The Industrial Commission of Arizona (1 CA-IC 1296), 26 Ariz.App. 289, 547 P.2d 1089 (1976), filed this day, relating to Rule 13d, Rules of Procedure for Workmen's Compensation Hearings Before the Industrial Commission of Arizona (Nov. 1, 1973), requires the award herein to be set aside.

Henry D. Smith, Sr., petitioner...

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