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MEHAN v. INDUSTRIAL COM'N

No. 1 CA-IC 90-090.

167 Ariz. 509 (1991)

808 P.2d 1261

James MEHAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Crown Builders, Respondent Employer, Fidelity & Casualty Co. of New York, Respondent Carrier.

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

April 2, 1991.

Attorney(s) appearing for the Case

Van Baalen Law Offices by Lowell W. Finson, Phoenix, for petitioner.

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

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondents Employer and Carrier.

OPINION

JACOBSON, Judge.

The issue presented in this review of an Industrial Commission award is whether a claimant, who had only a discretionary possibility of litigating a causal relationship in a prior proceeding, is precluded in a subsequent proceeding on reopening from seeking a determination of that relationship.

FACTS AND PROCEDURAL HISTORY

In 1981, petitioner employee (claimant) injured his right knee at work, and the respondent carrier...

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