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McBATH & YOUNG WRECKING CO. v. INDUS. COM'N, ETC.

No. 1 CA-IC 1977.

123 Ariz. 192 (1979)

598 P.2d 1011

McBATH & YOUNG WRECKING COMPANY, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, J.D. Evans, Respondent Employee.

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

August 2, 1979.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by John R. Greer, Phoenix, for petitioners employer and carrier.

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

Harlan J. Crossman, Phoenix, for respondent employee.

OPINION

EUBANK, Presiding Judge.

The dispositive issue in this Special Action — Industrial Commission is whether the hearing officer abused his discretion by refusing to consider a prior misdemeanor conviction for "False Statements to Obtain Benefits" on the question of the employee-claimant's credibility. We hold that to exclude such evidence was an abuse of discretion and that the award should be set aside.

Respondent employee, J.D. Evans...

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