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BENAFIELD v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 97-0015.

975 P.2d 121 (1998)

193 Ariz. 531

Caryl BENAFIELD, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Kelly Services, Respondent Employer, CNA Insurance, Respondent Insurer.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied April 12, 1999.

Attorney(s) appearing for the Case

Tretschok, McNamara, Patten & Lohmann, P.C. by Jeffrey L. Patten, Tucson, for Petitioner Employee.

The Industrial Commission of Arizona by Anita R. Valainis, Phoenix, for Respondent.

Bury, Moeller, Humphrey & O'Meara by J. Michael Moeller and Pamela Treadwell-Rubin, Tucson, for Respondent Employer and Insurer.

OPINION

PELANDER, Presiding Judge.

¶ 1 In this statutory special action, petitioner Caryl Benafield challenges the Industrial Commission (the Commission) award finding her industrial injury medically stationary without permanent disability. We set aside the award because the ALJ erroneously precluded petitioner's treating physician from testifying, based on a misinterpretation of Tsosie v. Industrial Commission, 183 Ariz...

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