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LOPEZ v. AMERICAN SMELTING & REFINING CO.

No. 6531.

84 Ariz. 7 (1958)

322 P.2d 890

Miguel M. LOPEZ, Petitioner, v. AMERICAN SMELTING & REFINING COMPANY, Defendant Employer, and The Industrial Commission of Arizona, Defendant Insurance Carrier, Respondents.

Supreme Court of Arizona.

March 19, 1958.

Attorney(s) appearing for the Case

Mesch, Jasper, Marquez & Rothschild and Lawrence Ollason, Tucson, for petitioner.

Evans, Kitchel & Jenckes, and Earl H. Carroll, Phoenix, for defendant-employer.

Donald J. Morgan, Phoenix, John R. Franks, Robert K. Park, and James D. Lester, Phoenix, of counsel, for respondent Industrial Commission.

JOHNSON, Justice.

On March 14, 1954, petitioner sustained an injury to his back by accident arising out of and in the course of his employment.

The matter is before us on a writ of certiorari to review the award entered denying compensation to petitioner. On July 26, 1957, the Commission entered its decision upon rehearing, finding therein:

"1. Following the above hearing applicant, through his physician, submitted further report in regard to test...

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