No. 1 CA-IC 94-0119.

184 Ariz. 599 (1995)

911 P.2d 605

Charles SEITZ, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arid Roofing, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Review Denied February 21, 1996.

Attorney(s) appearing for the Case

Kurth & Kurth, P.C. by Dennis R. Kurth, Phoenix, for petitioner.

Peter C. Kilgard, Chief Counsel, State Compensation Fund by Kirk A. Barberich, Phoenix, for respondents Employer and Carrier.

Anita R. Valainis, Chief Counsel, the Industrial Commission of Arizona, Phoenix, for respondent.


FIDEL, Judge.

Before sustaining the industrial injury that gives rise to this claim, Claimant agreed with his employer to reject workers' compensation in exchange for an alternative package of private insurance. Claimant now seeks rescission, alleging that the employer breached its promise to include disability insurance in the alternative package. The Industrial Commission rejected Claimant's position. We set aside the Commission's decision upon review...

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