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MODERN INDUSTRIES, INC. v. INDUSTRIAL COM'N

No. 1 CA-IC 2172.

125 Ariz. 283 (1980)

609 P.2d 98

MODERN INDUSTRIES, INC., Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, George W. Smitley, Respondent Employee.

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

Rehearing Denied March 18, 1980.

Review Denied April 8, 1980.

Attorney(s) appearing for the Case

Jones, Teilborg, Sanders, Haga & Parks, P.C. by Gregory L. Folger, and Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for petitioners employer and carrier.

James L. Stevenson, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

Machmer, Schlosser & Meitz by Ronald M. Meitz, Phoenix, for respondent employee.

OPINION

JACOBSON, Judge.

This review of an award of the Industrial Commission raises two issues:

(1) The right of a claimant to raise the question of a loss of earning capacity attributable to a prior closed unscheduled industrial injury in a proceeding dealing with a subsequent apparent scheduled1 industrial injury; and (2) Whether a general physical impairment attributable to a prior unscheduled industrial...

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