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DR. PEPPER CO. v. INDUS. COM'N

No. 1 CA-IC 3634.

154 Ariz. 563 (1987)

744 P.2d 475

DR. PEPPER COMPANY, Petitioner Employer, Employers Casualty Insurance, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Dennis A. Clark, Respondent Employee.

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

October 13, 1987.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Ronald H. Moore, Kevin J. Worthen, and Jefferson Lankford, Phoenix, for petitioner employer and petitioner carrier.

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

Treon, Strick, Lucia & Aguirre, P.A. by John Aguirre, Phoenix, for respondent employee.

OPINION

HAIRE, Chief Judge.

In this review of an Industrial Commission award granting claimant's petition to reopen, we consider two issues:

(1) Did the administrative law judge err in finding that the carrier's disclaimer of liability for "underlying" degenerative problems applied only to those conditions that preceded claimant's initial industrial injury? (2) Does the successive injury doctrine prohibit reopening when claimant elects not...

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