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M.M. SUNDT CONST. CO. v. IND. COM'N OF ARIZ.

No. 14483-PR.

124 Ariz. 94 (1979)

602 P.2d 475

M.M. SUNDT CONSTRUCTION COMPANY, Petitioner Employer, Employers Mutual Liability Insurance Company of Wisconsin, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Neftale C. Herran, Respondent Employee.

Supreme Court of Arizona, En Banc.

Rehearing Denied November 20, 1979.

Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks and R. Kent Klein, Phoenix, for petitioners employer and carrier.

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

Rabinovitz, Dix & Sands, P.C. by Bernard I. Rabinovitz and Fred R. Sands, Tucson, for respondent employee.

HAYS, Justice.

Respondent employee, Neftale C. Herran, has operated heavy construction machinery for 35 years. During the 12 to 15 years prior to 1977, he was employed by petitioner M.M. Sundt Construction Co., working primarily on highway and street construction. The noise level at such job sites was of such magnitude that hand signals were often essentially the only means of communication.

Approximately 15 years ago, respondent began to notice a ringing...

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