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TIME, D.C. FREIGHT LINES v. INDUS. COM'N

No. 1 CA-IC 3110.

148 Ariz. 117 (1985)

713 P.2d 318

TIME, D.C. FREIGHT LINES, Petitioner Employer, Liberty Mutual Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, James D. Edgmon, Respondent Employee.

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

Motion for Reconsideration Denied October 29, 1985.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith, Donald L. Cross and Lawrence H. Lieberman, Phoenix, for petitioners.

Dennis P. Kavanaugh, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Alston, Edwards & Novak, P.C. by Cecil A. Edwards, Phoenix, for respondent-employee.

OPINION

CONTRERAS, Judge.

This is a special action review of an Industrial Commission decision awarding compensation for total temporary disability. One legal issue is presented: Is a carrier entitled to a credit based upon a prior commuted award against any temporary disability compensation available to the claimant upon a subsequent reopening of his claim? We conclude that the carrier is entitled to such credit and therefore set aside the decision and award...

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