GATES v. INDUSTRIAL COMMISSION

Nos. 1 CA-IC 1647, 1 CA-IC 1648.

118 Ariz. 526 (1977)

578 P.2d 607

John W. GATES, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Lanoria Cattle Company, Respondent Employer, The Home Insurance Company, Respondent Carrier. John W. GATES, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Heady-Ashburn Ranch, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied November 23, 1977.

Review Granted December 20, 1977.


Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok by Robert W. Eppstein, Tucson, for petitioner.

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

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Dan A. Sinema, Tucson, for respondent Employer Lanoria Cattle Co. and respondent carrier The Home Ins. Co.

Robert K. Park, Chief Counsel, State Compensation Fund by George B. Morse, Phoenix, for respondent employer Heady Ashburn Ranch and respondent carrier State Compensation Fund.


OPINION

JACOBSON, Presiding Judge.

The issues raised by these two Special Actions — Industrial Commission, relate to the problem of whether a prior scheduled injury1 which has been reopened, followed by another injury which has been closed as scheduled, must be closed as unscheduled2 and if so, whether a right of contribution exists between the carriers responsible for the two injuries.

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