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UNDERGROUND TECHNOLOGIES, INC. v. INDUST. COM'N

No. 2 CA-IC 2002-0023.

66 P.3d 1257 (2003)

205 Ariz. 80

UNDERGROUND TECHNOLOGIES, INC., Petitioner Employer, Employers Insurance Of Wausau, Petitioner Insurer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Peter Petroni, Respondent Employee.

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

April 22, 2003.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C., By K. Casey Kurth and Andrea L. Kravets, Phoenix, for Petitioners Employer and Insurer.

The Industrial Commission of Arizona, By Laura L. McGrory, Phoenix, for Respondent.

Tretschok & McNamara, P.C., By Dale D. Tretschok, Tucson, for Respondent Employee.

OPINION

FLOREZ, J.

¶ 1 In this statutory special action, we consider the legal question whether a claimant whose first award did not include a loss of earning capacity (LEC) is precluded from establishing an LEC related to that first injury in a subsequent injury claim so as to convert the subsequent scheduled injury to an unscheduled one. The employer here, Underground Technologies, Inc., (UGTI) and its carrier, Employers Insurance of Wausau...

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