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ESPEY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1905.

121 Ariz. 289 (1978)

589 P.2d 1321

Daniel H. ESPEY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Magma Copper Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied December 29, 1978.

Review Denied February 6, 1979.

Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok, P.C. by Dale D. Tretschok, Tucson, for petitioner.

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

Twitty, Sievwright & Mills by N. Douglas Grimwood, Phoenix, for respondent Employer.

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for respondent Carrier.

OPINION

NELSON, Judge.

Petitioner, Daniel H. Espey, questions an award of the Industrial Commission granting benefits for a scheduled 5% permanent partial impairment of the right major arm, contending that the award should have been for an unscheduled disability.

The industrial injury in question occurred on June 1, 1974, when Espey was working as a welder trainee for Magma Copper Company. A sander slipped out of his hand, causing a piece of steel...

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