ASARCO INC. v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 01-0108.

60 P.3d 258 (2003)

204 Ariz. 118

ASARCO INC., Petitioner-Employer, State Compensation Fund, Petitioner-Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent. Roy D. Duke (Deceased), Respondent-Employee.

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

January 7, 2003.


Attorney(s) appearing for the Case

John W. Main, P.C. by John W. Main, Phoenix, for Petitioner-Employer.

James F. Crane, Vice President & General Counsel, State Compensation Fund by James B. Stabler, Teri A. Thomson-Taylor, Phoenix, for Petitioner-Carrier.

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

Moeller, Gage, Treadwell-Rubin, P.C. by Pamela Treadwell-Rubin, M. Ted Moeller, Tucson, for Respondent-Employee.


OPINION

WEISBERG, Judge.

¶ 1 We review an Industrial Commission of Arizona ("Commission") award finding a Notice of Permanent Disability or Death Benefits to be final and res judicata notwithstanding its erroneous grant of excessive benefits. The issue is whether the notice is void ab initio or is final and res judicata. We affirm the award, concluding that it is final and res judicata.

FACTUAL AND PROCEDURAL BACKGROUND

¶...

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