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O'DONNELL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 1979.

125 Ariz. 358 (1979)

609 P.2d 1058

Orville H. O'DONNELL, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, J.E. Weaver Construction Co., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied March 24, 1980.

Review Denied April 22, 1980.

Attorney(s) appearing for the Case

Charles M. Wilmer, P.C. by Charles M. Wilmer, Phoenix, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund by Arthur B. Parsons, Phoenix, for respondent employer and carrier.

OPINION

JACOBSON, Judge.

We are faced in this review of an award of the Industrial Commission with whether, given the medical causation between a prior scheduled knee injury and a subsequent work-related back injury, the scheduled injury must be considered unscheduled.

The facts are not in dispute and the issue presented is purely legal in resolution. On August 7, 1968, the petitioner, Orville H. O'Donnell, industrially injured his knee while employed...

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