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COLLINS v. L.M. WHITE CONTRACTING COMPANY

No. 1 CA-IC 196.

9 Ariz. App. 37 (1969)

449 P.2d 54

Charlie COLLINS, Petitioner, v. L.M. WHITE CONTRACTING COMPANY, Incorporated, Defendant Employer, The Industrial Commission of Arizona, Respondents.

Court of Appeals of Arizona.

Rehearing Denied February 26, 1969.

Review Granted April 22, 1969.

Attorney(s) appearing for the Case

Hirsch, Van Slyke & Ollason, by Lawrence Ollason, Tucson, for petitioner.

Robert D. Steckner, Chief Counsel, by Dee-Dee Samet, Phoenix, for respondents.

STEVENS, Judge.

This opinion relates to a difficult procedural problem, that is, the authority of the Court of Appeals to take action in the face of an opinion of the Arizona Supreme Court arising out of the identical claim when, at first blush, it may appear that the prior Supreme Court opinion has put the matter at rest. A brief recitation of the background appears to be appropriate.

Collins sustained an industrial injury on 7 May, 1963. The matter was processed...

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