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LOVITCH v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 01-0053.

41 P.3d 640 (2002)

202 Ariz. 102

Susan LOVITCH, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Dennis Gold, DDS, PC, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

March 7, 2002.

Attorney(s) appearing for the Case

Cross & Lieberman by Lawrence H. Lieberman, Phoenix, Attorneys for Petitioner Employee.

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

James F. Crane, General Counsel, State Compensation Fund by James B. Stabler, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

TIMMER, Judge.

¶ 1 Petitioner Susan Lovitch requests this court to set aside an Industrial Commission award dismissing her January 12, 2000, Petition to Reopen her 1993 claim after it found that the issues raised were previously litigated, final, and res judicata. The sole issue raised is whether the evidence supports Administrative Law Judge ("ALJ") Overholt's conclusion that Lovitch's Petition to Reopen was barred by the doctrine of...

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