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INDUSTRIAL INDEMNITY CO. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1398.

27 Ariz. App. 296 (1976)

554 P.2d 892

INDUSTRIAL INDEMNITY COMPANY and Hexcel Corporation, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Sheila C. Webb, Respondent Employee.

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

September 21, 1976.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by W.C. Wahl, Jr., Phoenix, for petitioners.

John H. Budd, Jr., Gen. Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

Law Offices of J. Lavell Harper by J. Lavell Harper, Casa Grande, for respondent employee.

OPINION

NELSON, Judge.

In this case we are called upon to decide whether the Industrial Commission erred in denying petitioner's request for a hearing to determine if the alleged mistake in the calculation of average monthly wage was a clerical error which the Commission retained jurisdiction to correct. We hold that the Commission did err in denying the request for a hearing, and we therefore set aside the award.

In June of 1973, Sheila C. Webb (Webb...

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