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MRF CONSTRUCTION COMPANY v. INDUSTRIAL COMMISSION

No. 11775-PR.

111 Ariz. 466 (1975)

532 P.2d 528

MRF CONSTRUCTION COMPANY and United States Fidelity and Guaranty Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Robert F. Finerd, Respondent Employee.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 8, 1975.

Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for petitioners.

Edward F. Cummerford, Chief Counsel The Industrial Commission of Arizona, Phoenix, for respondent.

Davis & Eppstein by Robert W. Eppstein and Lars Pedersen, Tucson, for respondent employee.

CAMERON, Chief Justice.

We granted a petition for review of an opinion and memorandum decision of the Court of Appeals, Division One, Department B, which set aside an award of the Industrial Commission of Arizona.

We must answer the following questions:

1. Was the request for hearing filed within 60 days of the receipt of the notice of claim status terminating benefits as required by A.R.S. § 23-947? 2. Do the facts support the award...

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