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HOWARD P. FOLEY CO. v. INDUSTRIAL COM'N, ETC.

No. 1 CA-IC 1794.

120 Ariz. 325 (1978)

585 P.2d 1237

The HOWARD P. FOLEY COMPANY, Petitioner Employer, The Howard P. Foley Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Rosalio S. Estrada, Respondent Employee.

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

Rehearing Denied June 21, 1978.

Review Denied October 31, 1978.

Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks and R. Kent Klein, Phoenix, for petitioners.

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

O'Meara, Michela, Brogna & Weber by Gerard R. O'Meara, Tucson, for respondent employee.

OPINION

Henry S. STEVENS, Judge, Retired.

The basic issue before the Court is whether A.R.S. § 23-1061(L), which reads as follows:

"Upon application to the commission, and for good cause shown, the commission may direct that a document filed as a claim for compensation benefits be designated as a petition to reopen, effective as of the original date of filing. In like manner upon application and good cause shown the commission may direct that...

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