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INDUSTRIAL INDEM. CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 3389.

152 Ariz. 195 (1986)

731 P.2d 90

INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Custom Carpet Cleaners & Layers, Respondent Employer, EBI Insurance Company, Respondent Carrier, Charles E. Whallon, Respondent Employee.

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

Reconsideration Denied August 25, 1986.

Attorney(s) appearing for the Case

Lewis and Roca by Merton E. Marks, R. Kent Klein and Stephen M. Bressler, Phoenix, for respondent employer and respondent carrier.

Gorey, Delaney & Melkonoff by Edgar M. Delaney, Phoenix, for respondent employee.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith and Lawrence H. Lieberman, Phoenix, for petitioner.

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

OPINION

HAIRE, Judge.

This is a review of a consolidated Industrial Commission award entered in a workers' compensation proceeding granting reopening of a 1975 claim but denying compensability of a 1984 new injury claim. We must decide whether there is a new injury if the sole effect of recent work activity is to exacerbate the symptoms of an already symptomatic back condition, but where this exacerbation requires new medical treatment and causes increased...

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