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UNIVERSAL ROOFERS v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 94-0194.

187 Ariz. 620 (1996)

931 P.2d 1130

UNIVERSAL ROOFERS, Petitioner Employer, Argonaut Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, William Transue, Respondent Employee, SPECIAL FUND DIVISION, Respondent Party in Interest.

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

Review Denied February 26, 1997.

Attorney(s) appearing for the Case

Lester & Moore, P.C. by Steven C. Lester, Phoenix, for Petitioners Employer and Carrier.

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

Van Baalen Law Offices by Peter Van Baalen, Phoenix, for Respondent Employee.

Special Fund Division by Paula R. Eaton, Phoenix, for Respondent Party in Interest.

OPINION

NOYES, Judge.

Petitioner Carrier ("Argonaut") challenges the Industrial Commission's denial of its claim for apportionment. The only question presented is the meaning of the following language in A.R.S. section 23-1065(C) (Supp. 1995): "an additional permanent impairment not of the type specified in § 23-1044, subsection B." Argonaut argues that this language should be interpreted to include an impairment which is of the type...

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