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PHELPS DODGE CORP. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1343.

114 Ariz. 252 (1977)

560 P.2d 436

PHELPS DODGE CORPORATION and State Compensation Fund, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Cruz S. Mendoza, Respondent Employee.

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

Rehearing Denied February 10, 1977.

Review Denied March 1, 1977.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C., by James G. Speer, Phoenix, Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for petitioners.

John H. Budd, Jr., Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Davis, Eppstein & Tretschok, by Robert W. Eppstein, Tucson, for respondent employee.

OPINION

EUBANK, Presiding Judge.

This appeal presents the issues of the reliability of the testimony of an expert witness, and the hearing officer's discretion in refusing to grant a continued hearing.

Respondent sustained an industrial injury to his back on February 7, 1973, and was discharged a year later with a 15% general physical disability. On July 25, 1974, the Industrial Commission issued an award for an unscheduled permanent partial disability...

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