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RABAGO v. INDUSTRIAL COMMISSION OF ARIZ.

No. 1 CA-IC 2567.

132 Ariz. 79 (1982)

643 P.2d 1049

John RABAGO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Tucson Unified School District, Respondent Employer, The Home Insurance Company, Respondent Carrier.

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

April 8, 1982.

Attorney(s) appearing for the Case

Dee Dee Samet, P.C. by Dee Dee Samet, Tucson, for petitioner employee.

Calvin Harris, Chief Counsel by Jo Ann Gaffaney and James A. Overholt, Phoenix, for respondent The Industrial Commission of Arizona.

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for respondent employer and respondent carrier.

OPINION

HAIRE, Judge.

The only issue presented in this review of an award entered in a workmen's compensation proceeding is whether the respondent Commission abused its discretion in denying the petitioning employee's request for a lump-sum commutation of a permanent partial disability award. We hold that the Commission abused its discretion in this case, and the award is therefore set aside.

In August 1980 the Commission issued its findings and award...

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