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E.S. KELTON CONTRACTING v. INDUSTRIAL COM'N

No. 1 CA-IC 2027.

123 Ariz. 485 (1979)

600 P.2d 1117

E.S. KELTON CONTRACTING COMPANY, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Darrow De La Huerta, Respondent Employee.

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

Rehearing Denied August 9, 1979.

Review Denied September 18, 1979.

Attorney(s) appearing for the Case

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

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

Spencer K. Johnston, Phoenix, for respondent employee.

HAIRE, Judge.

On this review of an award entered by the Commission's hearing officer establishing the respondent claimant's loss of earning capacity, the carrier raises the following questions:

"I "IS THE HEARING OFFICER JUSTIFIED IN DENYING A CONTINUANCE (FURTHER HEARING) WHERE THE MOTION THEREON IS BASED UPON AN ACUTE ILLNESS OF A MATERIAL WITNESS, AND WHERE THE DENIAL IS FOUNDED SOLELY UPON THE REASON...

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