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CITY OF SOUTH TUCSON v. INDUSTRIAL COM'N

No. 1 CA-IC 3798.

156 Ariz. 543 (1988)

753 P.2d 1199

CITY OF SOUTH TUCSON, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, James Krause, Respondent Employee.

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

April 14, 1988.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel State Compensation Fund by Mark R. Christensen, Tucson, for petitioners employer and carrier.

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

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara, Tucson, for respondent employee.

OPINION

CONTRERAS, Judge.

This is a special action review of an Industrial Commission award excusing a late protest and awarding workers' compensation benefits to claimant who, when injured, was a prisoner working for a political subdivision of the state pursuant to an intergovernmental agreement between the political subdivision and the Arizona Department of Corrections (ADOC). Two issues are presented for review: (1) whether the statutory exclusion of workers...

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