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DARK v. INDUSTRIAL COM'N

No. 1 CA-IC 3201.

146 Ariz. 280 (1985)

705 P.2d 957

Johnny A. DARK, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, O.S. Stapley Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

September 3, 1985.

Attorney(s) appearing for the Case

Davis, Eppstein & Hall, P.C. by Robert W. Eppstein, Tucson, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix by George B. Morse, Tucson, for respondents employer and carrier.

OPINION

JACOBSON, Chief Judge.

The issue in this case is whether the administrative law judge properly considered the holding in Dutra v. Industrial Commission, 135 Ariz. 59, 659 P.2d 18 (1983) in awarding the claimant scheduled benefits.

The facts here are not in material dispute. On July 24, 1981, the claimant, Johnny A. Dark,...

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