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McCREARY v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 90-0039.

172 Ariz. 137 (1992)

835 P.2d 469

Robert B. McCREARY, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, McDonnell Douglas Helicopter, Respondent Employer, Industrial Indemnity Ins. Co., Respondent Carrier.

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

Reconsideration Denied March 11, 1992.

Review Denied September 15, 1992.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman, by J. Wayne Turley, Phoenix, for petitioner employee.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross, J. Victor Stoffa, Phoenix, for respondents Employer and Carrier.

OPINION

TAYLOR, Judge.

This is a special action review of an Arizona Industrial Commission award denying compensability. Because we conclude that the Administrative Law Judge ("ALJ") erred in applying the occupational disease statutes to this claim, we set aside the award.

FACTS AND PROCEDURAL HISTORY

The record in this case is voluminous, technical, and conflicting. We must view the evidence in a light most favorable to support the award...

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