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TISDEL v. INDUSTRIAL COM'N OF ARIZONA

No. CV-87-0448-PR.

156 Ariz. 211 (1988)

751 P.2d 527

Dwight TISDEL, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, United Parcel Service, Respondent Employer, Liberty Mutual Insurance Co., Respondent Carrier.

Supreme Court of Arizona, In Banc.

March 17, 1988.

Attorney(s) appearing for the Case

Lawrence P. Nicholls, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith, Lawrence H. Lieberman, Phoenix, for respondent employer/carrier.

Dix & Waterman by Arthur V. Gage, Tucson, amicus curiae.

CAMERON, Justice.

I. JURISDICTION

This is a petition for review of a decision and opinion of the court of appeals, 155 Ariz. 438, 747 P.2d 599, setting aside an award of the Industrial Commission of Arizona (Commission). We have jurisdiction pursuant to Ariz. Const. art. 6 § 5(3) and A.R.S. § 23-948.

II. QUESTIONS

We must answer only two questions on review:

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