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DAVID MURDOCK, ETC. v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 2415.

129 Ariz. 492 (1981)

632 P.2d 995

DAVID MURDOCK DEVELOPMENT COMPANY, Petitioner Employer, Fidelity & Casualty Co. of New York, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert Polter, Respondent Employee.

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

June 25, 1981.

Attorney(s) appearing for the Case

Jones, Teilborg, Sanders, Haga & Parks, P.C. by J. Russell Skelton, Phoenix, for petitioners.

Calvin Harris, Phoenix, Chief Counsel, The Industrial Commission of Arizona, for respondent.

Miller, Pitt & Feldman, P.C. by Barry N. Akin, Tucson, for respondent employee.

OPINION

JACOBSON, Judge.

The basic issue on this appeal is whether a carrier, which has previously given permission to a lump sum commutation of an award for permanent partial disability, may withdraw that permission and if so, under what conditions.

The respondent employee sustained an industrially related back injury on February 9, 1977, while working as a carpenter for the David Murdock Development Company. The petitioner carrier accepted his claim...

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