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RAMIREZ v. INDUSTRIAL COM'N

No. 1 CA-IC 2011.

123 Ariz. 48 (1979)

597 P.2d 201

Julian RAMIREZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, A.J. Gilbert Construction Company, Respondent Employer, Hartford Accident & Indemnity Company, Respondent Carrier.

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

June 28, 1979.

Attorney(s) appearing for the Case

Davis & Eppstein, P.C. by Robert W. Eppstein, Tucson, for petitioner.

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

O'Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears by W.C. Wahl, Jr., Phoenix, for respondents Employer and Carrier.

OPINION

FROEB, Judge.

Petitioner Julian Ramirez questions the right of respondents to close a claim for a second industrial injury which is stationary and has resulted in no permanent impairment where a claim for a prior injury is still open.

On May 1, 1975, petitioner suffered an industrial injury to his left ankle. Benefits were paid until the claim was closed as of September 30, 1976, with a scheduled award for a fifteen percent permanent partial...

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