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OQUITA v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1731.

120 Ariz. 610 (1978)

587 P.2d 1187

Robert C. OQUITA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phelps Dodge Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied October 5, 1978.

Review Denied December 12, 1978.

Attorney(s) appearing for the Case

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

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

Evans, Kitchel & Jenckes, P.C. by James G. Speer, Phoenix, for respondent employer.

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

OPINION

SCHROEDER, Judge.

This is a case like Fletcher v. Industrial Comm'n, 587 P.2d 757 (Ct.App.Ariz., filed Aug. 15, 1978), filed this day, involving a partially disabled mine employee who was discharged as a result of the general shutdown of mine operations.

In 1970, petitioner, Robert Oquita, injured his back while working as a miner for the respondent-employer, Phelps Dodge Corporation, in its Bisbee,...

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