STEWART v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 94-0153.

187 Ariz. 58 (1996)

926 P.2d 525

James STEWART, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Double Diamond Masonry, Respondent Employer, Aetna Casualty & Surety, Respondent Carrier.

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

Reconsideration Denied June 5, 1996.

Review Denied November 19, 1996.


Attorney(s) appearing for the Case

Lawrence P. Nicholls, Phoenix, for Petitioner.

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

Teilborg, Sanders & Parks, P.C. by Scott H. Houston, Phoenix, for Respondents Employer and Carrier.


OPINION

SULT, Judge.

This is a special action review of an Arizona Industrial Commission decision upon hearing and review denying James Stewart's ("Claimant") petition to reopen because he failed to prove that he requires active care.

FACTS AND PROCEDURAL HISTORY

In September 1986, when Claimant was thirty years old, he injured his lower back in a compensable industrial accident. Surgeries resulted in fusions at L4...

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