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PHELPS DODGE CORP., MORENCI BR. v. INDUSTRIAL COM'N

No. 6823.

90 Ariz. 248 (1961)

367 P.2d 270

PHELPS DODGE CORPORATION, MORENCI BRANCH, Petitioner, v. INDUSTRIAL COMMISSION of Arizona and Leon R. Lloyd, Respondents.

Supreme Court of Arizona, En Banc.

Rehearing Denied January 31, 1962.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, Phoenix, for petitioner.

James D. Lester, Donald J. Morgan, Phoenix, Frances M. Long and Edward E. Davis, Phoenix, of counsel, for respondent Industrial Commission.

Rogge & Rogge, Tucson, for respondent Leon R. Lloyd.

STRUCKMEYER, Chief Justice.

Respondent, Leon R. Lloyd, while in the employ of petitioner, Phelps Dodge Corporation, in 1953 sustained personal injuries by accident arising out of and in the course of his employment. In 1954 the Industrial Commission of Arizona entered an award finding a 5.51 loss of earning capacity. Thereafter, Lloyd petitioned the Commission under the authority of A.R.S. § 23-1061, subd. C for an increase of compensation alleging new and additional...

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