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PIMA MINING COMPANY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 329.

11 Ariz. App. 480 (1970)

466 P.2d 31

PIMA MINING COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Adalberto Scaff, Respondent Claimant.

Court of Appeals of Arizona, Division 1. Department A.

March 10, 1970.

Attorney(s) appearing for the Case

Twitty, Sievwright & Mills, by John F. Mills, Phoenix, for petitioner.

Donald L. Cross, Chief Counsel, Phoenix, for respondent Industrial Commission of Arizona.

Miller, Pitt & Feldman, by Barry N. Akin, Tucson, for respondent claimant.

STEVENS, Judge.

The petition to review the award of The Industrial Commission was filed by Pima Mining Company referred to herein as Pima. Pima appears before this Court as a self-insured employer.

Two basic questions are presented for our decision. The first is whether Pima's request that the Court review the action of The Industrial Commission was premature by reason of a claimed failure on the part of Pima to first exhaust its administrative remedies before...

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