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CONTINENTAL CASUALTY CO. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 939.

21 Ariz. App. 561 (1974)

521 P.2d 1019

CONTINENTAL CASUALTY COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, John W. Patterson, Respondent Employee, J.R. Norton Company, Respondent Employer.

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

Rehearing Denied July 22, 1974.

Review Granted September 19, 1974.

Attorney(s) appearing for the Case

Spencer K. Johnston, Phoenix, for petitioner.

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

Donald J. Morgan, D.A. Jerome, Phoenix, for respondent employee.

OPINION

STEVENS, Judge.

The issue presented on this writ of certiorari is whether The Industrial Commission had the authority to grant the claimant "advanced partial permanent benefits" pending a formal loss of earning capacity hearing.

John W. Patterson (hereinafter "claimant") suffered a heart attack while piloting an airplane for J.R. Norton Company (hereinafter "employer"). Thereafter, a blood clot resulting from the heart attack necessitated the...

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