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SMITTY'S SUPER VALU v. INDUSTRIAL COM'N

No. 14732-PR.

126 Ariz. 367 (1980)

616 P.2d 42

SMITTY'S SUPER VALU, INC., and United States Fidelity & Guaranty Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Max E. Sterrett, Respondent Employee.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 4, 1980.

Attorney(s) appearing for the Case

Moore, Jennings, Kepner, Scheffing & Hart by Craig R. Kepner, John R. Cunningham, Phoenix, for petitioners.

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

Jerome & Gibson by Don A. Fendon, Richard A. Gibson, Phoenix, for respondent employee.

STRUCKMEYER, Chief Justice.

This appeal by Smitty's Super Valu, Inc. and its insurance carrier seeks to review a decision of the Industrial Commission finding that claimant, Max Sterrett, had a psychophysiological reaction engrafted upon an industrial injury, or, alternatively, that he had a previously undiscovered discogenic problem rather than a previously diagnosed spinal ligamentous strain. The Court of Appeals held that the award ordering a reopening of claimant...

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