GARROTE v. INDUSTRIAL COM'N

No. 1 CA-IC 1809.

121 Ariz. 223 (1978)

589 P.2d 466

Efren A. GARROTE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Grand Road Lumber Company, Respondent Employer, Home Insurance Company, Respondent Carrier.

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

Rehearing Denied December 29, 1978.

Review Denied January 16, 1979.


Attorney(s) appearing for the Case

Gilbert Gonzalez, Tucson, for petitioner.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by J. Victor Stoffa, Phoenix, for respondents employer and carrier.


OPINION

SCHROEDER, Judge.

This is a review of an Industrial Commission award denying benefits. The dispositive question is whether the hearing officer properly denied a reopening after finding that petitioner suffered from a disability which was in existence at the time of the prior closing of his claim but which had not been diagnosed by any doctor at that time. We hold that under the circumstances of this case...

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