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HESTER v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0137.

178 Ariz. 587 (1993)

875 P.2d 820

Horace HESTER, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Huber, Hunt & Nichol, Respondent Employer, U.S.F. & G., Respondent Carrier.

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

Review Denied June 28, 1994.

Attorney(s) appearing for the Case

Delaney & Melkonoff by Edgar M. Delaney, Phoenix, for petitioner Employee.

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

Junker and Doherty, P.C. by Julie A. Doherty, Phoenix, for respondents Employer and Carrier.

OPINION

WEISBERG, Judge.

This is a review of an Arizona Industrial Commission ("commission") award denying permanent partial disability benefits for a November 1979 industrial knee injury because a March 1979 industrial back injury had caused either a greater "previous disability" under Ariz. Rev. Stat. Ann. ("A.R.S.") section 23-1044(E) (1983) or a greater earning capacity disability that developed after and was unaggravated by the November 1979 injury. Petitioner...

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