KERN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1739.

121 Ariz. 60 (1978)

588 P.2d 353

William R. KERN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phoenix Tile, Inc., Respondent Employer, Hartford Accident & Indemnity Company c/o Hartford Insurance Group and Twin City Fire Insurance Company, Respondent Carrier.

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

Rehearing Denied November 29, 1978.

Review Denied January 3, 1979.


Attorney(s) appearing for the Case

Spencer K. Johnston, Phoenix, for petitioner.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph E. Mahowald, Jr., David W. Earl, Phoenix, for respondents employer and carrier.


OPINION

FROEB, Chief Judge.

The petitioner was awarded permanent disability under the Occupational Disease Disability Act. In his petition for review of the award, he contends that he was entitled to an additional award under the Workmen's Compensation Act. The circumstances of this case giving rise to compensation occurred prior to the merger of the two compensation acts in 1973.

Petitioner worked for Phoenix Tile, Inc., as a tile setter for approximately...

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