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GATES v. INDUSTRIAL COMMISSION

No. 13479-PR.

118 Ariz. 521 (1978)

578 P.2d 602

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.

Supreme Court of Arizona, In Banc.

April 25, 1978.

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 and 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, Phoenix, by George B. Morse, Tucson, for respondent Employer Heady-Ashburn Ranch and respondent Carrier State Compensation Fund.

CAMERON, Chief Justice.

This is a petition for review of an opinion of the Court of Appeals, Division One, in two Industrial Commission matters involving different and successive industrial injuries to the same workman.

We must answer three questions:

1. Was the first injury scheduled or unscheduled? 2. Should All Star Coach v. Industrial Commission, 115 Ariz. 335, 565 P.2d 515<...

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