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VILLEGAS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3342.

149 Ariz. 382 (1986)

718 P.2d 1035

Jesus A. VILLEGAS, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Kennecott Copper Company, Respondent Employer, Kennecott Corporation c/o Diversified Risk Management, Respondent Carrier.

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

April 29, 1986.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara and Julia Schmidt, Tucson, for petitioner.

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

Fennemore, Craig, von Ammon, Udall & Powers by Scot Butler, III, Michael Preston Green, Scott M. Finical, Phoenix, for respondent employer & carrier.

OPINION

CONTRERAS, Judge.

The issue on appeal in this case is a very limited jurisdictional one: was the claim timely filed within A.R.S. § 23-1061(A)? We conclude that the claim was timely filed and therefore we set aside the Industrial Commission decision and award of November 16, 1984.

The claimant was employed by Kennecott Copper Company from 1954 to 1981. For sixteen years, claimant operated bulldozers inside an ore storage building, including...

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