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FRY'S FOOD STORES v. INDUSTRIAL COM'N

No. CV-89-0033-PR.

161 Ariz. 119 (1989)

776 P.2d 797

FRY'S FOOD STORES, Petitioner Employer, Fry's Food Stores, Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, William Steele, Respondent Employee.

Supreme Court of Arizona, En Banc.

July 13, 1989.

Attorney(s) appearing for the Case

Joseph L. Moore, Phoenix, for petitioner employer/carrier.

Catherine A. Fuller, Chief Counsel, Indus. Com'n, Phoenix, for respondent.

Delaney & Melkonoff by Edgar M. Delaney and O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by J. Victor Stoffa, Phoenix, for respondent employee.

FELDMAN, Vice Chief Justice.

We review the court of appeals' decision setting aside an award in a workers' compensation case. The court held the evidence did not support the award because the doctors' testimony on which the administrative law judge presumably based her finding lacked an adequate factual foundation. We have jurisdiction under Ariz. Const. art. 6, § 5(3); A.R.S. §§ 12-120.24 and 23-948. We granted review because we believe the court of...

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