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SIMMONS v. INDUS. COM'N OF ARIZONA

No. 2 CA-IC 2019-0003.

459 P.3d 507 (2020)

Keith D. SIMMONS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, J.R. McDade Company, Inc., Respondent Employer, CopperPoint American Insurance Company, Respondent Insurer.

Court of Appeals of Arizona, Division 2.

Filed February 7, 2020.

Attorney(s) appearing for the Case

Brian Clymer , Attorney at Law, Tucson, By Brian Clymer, Counsel for Petitioner Employee.

The Industrial Commission of Arizona, Phoenix Gaetano Testini , Chief Legal Counsel, By Stacey Rogan , Assistant Chief Counsel, Counsel for Respondent.

CopperPoint American Insurance Company, Tucson Mark A. Kendall , VP, Legal Services, By Jean Kamm Gage , Counsel for Respondents Employer and Insurer.

Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

OPINION

¶1 We must decide in this statutory special action whether the administrative law judge (ALJ) erred by awarding scheduled as opposed to unscheduled benefits to petitioner employee, Keith Simmons, for his permanent industrial injury.1 Because we find the ALJ applied an incorrect...

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