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AMERICAN INS. CO. v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 3064.

144 Ariz. 364 (1984)

697 P.2d 1114

AMERICAN INSURANCE COMPANY, Fosgate Electronics, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Premier Insurance Company, Merrill Cable Equipment Corporation, Sentry Insurance Company, Respondents, Emily Cox, Respondent Employee.

Court of Appeals of Arizona, Division 2, Department D.

Reconsideration Denied January 25, 1985.

Review Denied April 9, 1985.

Attorney(s) appearing for the Case

Jennings, Kepner & Haug by Craig R. Kepner, Julia C. Attwood, Steven S. Guy, Phoenix, for petitioners.

Sandra A. Day, Chief Counsel by Roger Rea, Legal Counsel, Phoenix, for respondent Indus. Com'n.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by J. Victor Stoffa, Brian C. Bond, Phoenix, for respondents Merrill Cable and Premier Ins. Co.

Lewis & Roca by Merton E. Marks, R. Kent Klein, Stephen M. Bressler, Phoenix, for respondent Sentry Ins.

Michael Mignella, P.C. by Mark Mignella and William T. Keane, Phoenix, for respondent employee.

OPINION

BROOKS, Presiding Judge.

This is a special action review of an Industrial Commission award imposing on the petitioners exclusive liability for a compensable occupational disease. Compensability is now conceded. The sole dispute is between two employers and their respective carriers concerning liability for this disease. For the following reasons, we set aside the award.

PROCEDURAL HISTORY

Between December, 1977 and February, 1980, the...

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