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PONCE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1766.

120 Ariz. 134 (1978)

584 P.2d 598

Julian R. PONCE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Cyprus Pima Mining Company, Respondent Employer, Cyprus Pima Mining Company, Respondent Carrier.

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

Rehearing Denied August 15, 1978.

Review Denied September 19, 1978.

Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok, P.C. by Philip Hall, Bruce L. Dusenberry, Tucson, for petitioner.

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

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for respondents employer and carrier.

OPINION

SCHROEDER, Judge.

Petitioner, Julian R. Ponce, challenges an Industrial Commission award which found that his back injury was not compensable under our Workmen's Compensation Act. In resolving the case against the petitioner on credibility grounds, the hearing officer drew a negative inference from the petitioner's failure to call a witness whom the petitioner had subpoenaed. The dispositive issue in this review is whether such an inference was proper...

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