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PENA v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2893.

137 Ariz. 57 (1983)

668 P.2d 900

Enrique M. PENA, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Herseth Meat Packing Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

August 2, 1983.

Attorney(s) appearing for the Case

Jack Levine, P.C. by Mitchell E. Cohen, Phoenix, for petitioner.

James A. Overholt, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Robert F. Retzer, Phoenix, for respondents employer & carrier.

OPINION

CONTRERAS, Judge.

This is a special action review of an August 31, 1982, Industrial Commission decision upon review closing a reopened claim with a scheduled disability. The issue on appeal is whether the original final scheduled disability classification is res judicata in a case where the comparative degree of impairment is unchanged, but under current standards for rating impairment the disability...

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