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ALLEN v. INDUSTRIAL COMMISSION OF ARIZONA

No. 1 CA-IC 2054.

124 Ariz. 173 (1979)

602 P.2d 841

Finley ALLEN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Asarco, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied November 2, 1979.

Review Denied November 20, 1979.

Attorney(s) appearing for the Case

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

James L. Stevenson, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for respondent employer.

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

OPINION

FROEB, Judge.

Petitioner sustained a fractured collarbone on February 9, 1977, when a jack slipped from under a truck causing the bumper to knock him to the ground. ASARCO accepted the claim and petitioner was given treatment, which included the use of a clavicle splint. Before the case closed, petitioner had a nonindustrial accident on June 8, 1977, in which he suffered a compression fracture of the fifth lumbar vertebra. Contending that the second...

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