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PACIFIC FRUIT EXP. v. INDUSTRIAL COM'N

No. 1 CA-IC 3372.

153 Ariz. 206 (1986)

735 P.2d 816

PACIFIC FRUIT EXPRESS, Petitioner Employer, Pacific Fruit Express, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Isidoro B. Verdugo, Respondent Employee.

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

January 28, 1986.

Attorney(s) appearing for the Case

Bury, Moeller & Humphrey by J. Michael Moeller and Kevin Miniat, Tucson, for petitioners.

Dennis P. Kavanaugh, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Tretschok, McNamara & Clymer, P.C. by Brian I. Clymer, Tucson, for respondent employee.

OPINION

JACOBSON, Judge.

This is an appeal of an award finding a compensable claim for a gradual loss of hearing. The main issue in this review is whether an admission by the claimant that he knew more than one year prior to filing a claim that he suffered a hearing loss and that the loss was the result of noise levels at his employment bars his claim under A.R.S. § 23-1061(A). Collateral issues deal with the...

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