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UNITED RIGGERS ERECTORS v. INDUSTRIAL COM'N

No. 1 CA-IC 2408.

131 Ariz. 258 (1981)

640 P.2d 189

UNITED RIGGERS ERECTORS, Petitioner-Employer, Hartford Accident and Indemnity Company, Petitioner-Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Charles Battaglia, Respondent-Employee.

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

Rehearing Denied December 10, 1981.

Review Denied January 6, 1982.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears by Donald L. Cross, Larry L. Smith, Phoenix, for petitioner-employer and petitioner-carrier.

Calvin Harris, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

Frank W. Frey, Tucson, for respondent-employee.

OPINION

O'CONNOR, Judge.

The employer, United Riggers Erectors, and the insurance carrier have brought this Industrial Commission special action to challenge a loss of earning capacity award to a claimant who has been incarcerated in a prison. The respondent employee, Charles Battaglia, suffered an industrial injury while working for the petitioner in 1977. His workmen's compensation claim was accepted for benefits by the carrier, and benefits were paid until...

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