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TERRELL v. INDUSTRIAL COMMISSION

No. 1 CA-IC 829.

21 Ariz. App. 139 (1973)

517 P.2d 97

Herbert TERRELL, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, A C & C Building Wreckers, Inc., Respondent Employer.

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

Rehearing Denied February 5, 1974.

Review Denied March 5, 1974.

Attorney(s) appearing for the Case

Gorey & Ely by Herbert L. Ely, and Walter R. Ulman, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Chris T. Johnson, Phoenix, for respondent Employer.

OPINION

STEVENS, Judge.

This is a review by certiorari from an 18 May 1972 award denying the claimant's petition to reopen. The basic question presented is whether The Industrial Commission had jurisdiction to hear the petition to reopen while a review of a prior award arising out of the same claim was pending before the Court of Appeals.

On 25 February 1969 the petitioner, Herbert Terrell, was injured during and arising out of his employment as a...

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