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PHELPS DODGE CORP. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1923.

121 Ariz. 75 (1978)

588 P.2d 368

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

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

Rehearing Denied December 12, 1978.

Review Denied January 3, 1979.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by James G. Speer, Phoenix, for petitioner, Phelps Dodge Corp.

Robert K. Park, Chief Counsel, State Compensation Fund, Phoenix, for petitioner, State Compensation Fund.

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

Davis, Eppstein & Tretschok, P.C. by Robert W. Eppstein and Philip Hall, Tucson, for respondent employee.

OPINION

WREN, Presiding Judge.

This Special Action — Industrial Commission brought by the petitioner-employer and the State Compensation Fund ("petitioners") requests review of an award granting the respondent-employee's ("claimant's") petition to reopen. The sole issue presented is whether the award can be sustained in view of the record and the hearing officer's findings in the award.

The claimant sustained a compensable low-back injury on...

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