PEARCE DEVELOPMENT v. INDUSTRIAL COM'N

No. 1 CA-IC 3266.

147 Ariz. 598 (1985)

712 P.2d 445

PEARCE DEVELOPMENT, Petitioner Employer, Mission Insurance Co., Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Rhonda McHardy, Respondent Employee, Pearce & Sons, Respondent Employer, Industrial Indemnity, Respondent Carrier, Pearce & Sons, Respondent Employer, Western Fire Ins. Co., Respondent Carrier.

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

June 18, 1985.


Attorney(s) appearing for the Case

John F. Day, P.C., Phoenix, for petitioners.

Sandra A. Day, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Charles M. Wilmer, Phoenix, for respondent employee.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Donald Cross, Larry Smith, and Lisa M. Sommer, Phoenix, for respondent carrier Indus. Indem.

Lewis and Roca by R. Kent Klein, Merton E. Marks, R. Todd Lundmark, Phoenix, for respondent carrier Western Fire Ins.


OPINION

OGG, Judge.

This is a special action review of a consolidated Industrial Commission award reopening an April 15, 1981 claim and denying compensability of a July 6, 1983 gradual injury claim. At issue is the interpretation of recent successive injury cases and the application of the successive injury doctrine to a case involving a degenerative condition aggravated by all weight-bearing activity, including...

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