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ARIZONA SAND & ROCK v. IND. COM'N OF ARIZONA

No. 1 CA-IC 2064.

123 Ariz. 448 (1979)

600 P.2d 752

ARIZONA SAND & ROCK, Petitioner Employer, Transport Indemnity Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Tommie B. Arnold, Respondent Employee.

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

Rehearing Denied September 5, 1979.

Review Denied September 25, 1979.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Donald L. Cross, Phoenix, for petitioner employer and petitioner carrier.

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

Charles M. Wilmer, P.C. by Charles M. Wilmer, Phoenix, for respondent employee.

OPINION

HAIRE, Judge.

On this review of an award entered by the Commission's hearing officer in a rearrangement proceeding, the carrier contends that the hearing officer failed to apply recognized principles of finality in finding that the respondent employee now suffers a loss of earning capacity resulting from his industrial injury. From our review of the record and the findings made in the award, we agree, and for that reason the award must be set aside...

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