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SCOWDEN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1517.

115 Ariz. 81 (1977)

563 P.2d 336

Arthur N. SCOWDEN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Rust Engineering, Respondent Employer, American Mutual Liability Ins. Co., Respondent Carrier.

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

April 19, 1977.

Attorney(s) appearing for the Case

Philips & Taylor by Christopher J. Philips, Phoenix, for petitioner.

John H. Budd, Jr., Chief Counsel The Industrial Commission of Arizona, Phoenix by Calvin Harris, Scottsdale, for respondent.

Robbins Green O'Grady & Abbuhl, PA by Richard W. Abbuhl, Phoenix, for respondents employer and carrier.

OPINION

OGG, Judge.

This appeal presents two issues. Did the Industrial Commission abuse its discretion when it entered an order disapproving of petitioner Arthur N. Scowden's petition for a lump sum commutation of his industrial award?

Did the Commission fail to exercise its affirmative statutory duty to either approve or disapprove of petitioner's request for a lump sum commutation?

On November 24...

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