CIGNA HEALTH PLAN v. INDUSTRIAL COM'N

No. 1 CA-IC 90-056.

168 Ariz. 118 (1991)

811 P.2d 370

CIGNA HEALTH PLAN, Petitioner Employer, Pacific Employers Ins. Co., Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Marsha Pride, Respondent Employee.

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

As Corrected May 13, 1991.

Reconsideration Denied May 21, 1991.


Attorney(s) appearing for the Case

Long, Lester & Lundmark, P.A. by R. Todd Lundmark and Melinda K. Poppe, Phoenix, for petitioners employer and carrier.

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

Chris T. Johnson, Phoenix, for respondent employee.


OPINION

JACOBSON, Presiding Judge.

This is a special action review of an Arizona Industrial Commission award reopening a December 1986 back injury claim based upon the treating physician's testimony that after the claim was closed in May 1988, symptoms related to the industrial injury had worsened and active care was again required. The sole issue on review is whether reopening was precluded. We conclude that preclusion does not apply and accordingly affirm...

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