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MILLER v. INDUSTRIAL COMMISSION OF ARIZONA

No. 1 CA-IC 1532.

114 Ariz. 449 (1977)

561 P.2d 773

Charles E. MILLER, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Yuma Rock & Sand, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

March 8, 1977.

Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons, P.C. by Dennis P. Blackhurst, Barry C. Dickerson, Mesa, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund by Courtney L. Varner, Phoenix, for respondents employer and carrier.

OPINION

FROEB, Chief Judge.

The controlling issue in this review is whether a new, nonindustrial injury to petitioner's leg is causally related to a previous industrial injury to the same member so as to warrant a reopening of the original award.

On July 30, 1956, the petitioner, Charles E. Miller, sustained an injury to his right knee, which arose out of and in the course of his employment. On March 1, 1957...

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