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PAYNE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2702.

136 Ariz. 111 (1982)

664 P.2d 655

Donald PAYNE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Pima County, Respondent Employer, Home Insurance Company, Respondent Carrier.

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

Rehearing Denied January 14, 1983.

Review Granted March 1, 1983.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Dale D. Tretschok, Tucson, for petitioner.

James A. Overholt, Acting Chief Counsel The Industrial Commission of Arizona, Phoenix, for respondent.

Bury & Moeller, P.A. by Marshall Humphrey III, J. Michael Moeller, Tucson, for respondent employer-carrier.

OPINION

BROOKS, Judge.

This is a special action review of a consolidated Industrial Commission award dismissing a request for hearing, denying a petition to reopen, and awarding scheduled permanent partial disability. Multiple issues are presented:

(1) Whether the September 9, 1977 notice of claim status closing the first injury claim without permanent impairment was voidable because the supporting medical report in the Industrial Commission file...

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