GARDNER v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 89-0018.

162 Ariz. 469 (1989)

784 P.2d 295

Jack E. GARDNER, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Marley Cooling Tower, Respondent Employer, Argonaut Insurance Company, Respondent Carrier.

Court of Appeals of Arizona, Division 2, Department A.

December 12, 1989.


Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Jeffrey L. Patten, Tucson, for petitioner employee.

Anita R. Valainis, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Bury, Moeller, Humphrey & O'Meara, P.C. by J. Michael Moeller, Tucson, for respondent employer & respondent carrier.


OPINION

HOWARD, Judge.

In this special action the employee questions the appropriateness of the Administrative Law Judge's (ALJ) suspension of temporary disability compensation pursuant to A.R.S. § 23-1026(A), (B) and (C), which provides:

§ 23-1026. Periodical medical examination of employee; effect of refusal or obstruction of examination or treatment A. An employee who may be entitled to compensation...

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