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WESTERN MILLWORK v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 22-0038.

536 P.3d 305 (2023)

WESTERN MILLWORK, Petitioner Employer, Cincinnati Insurance Company, Petitioner Insurance Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Kenneth Zerby (deceased), through his widow Diane Zerby, Respondent Employee.

Court of Appeals of Arizona, Division 1.

FILED September 21, 2023.

Attorney(s) appearing for the Case

Lundmark Barberich La Mont & Slavin PC, Phoenix, By R. Todd Lundmark , Eric W. Slavin , David Lundmark , Counsel for Petitioner Employer and Insurance Carrier.

Industrial Commission of Arizona, Phoenix, By Gaetano J. Testini , Counsel for Respondent.

Snow Carpio & Weekley PLC, Phoenix, By Dennis R. Kurth , Counsel for Respondent Employee.

Judge Michael S. Catlett delivered the Court's opinion, in which Presiding Judge Paul J. McMurdie and Judge Michael J. Brown joined.

OPINION

¶1 COVID-19 has had an immeasurable impact on society. The issue we confront is what impact it will have on our workers' compensation jurisprudence. Relying on a series of Arizona appellate decisions about Valley fever, Western Millwork ("Employer") asks us to hold...

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