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SOUTHWEST NURSERIES v. INDUSTRIAL COM'N

No. 1 CA-IC 2533.

133 Ariz. 171 (1982)

650 P.2d 473

SOUTHWEST NURSERIES, Petitioner Employer, American Motorists Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Edward L. Craig, Respondent Employee.

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

Rehearing Denied July 15, 1982.

Review Denied September 9, 1982.

Attorney(s) appearing for the Case

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

Rabinovitz & Dix, P.C. by Bernard Rabinovitz and Charles G. Rehling II, Tucson, for respondent employee.

Calvin Harris, Chief Counsel, Phoenix, for respondent Indus. Com'n of Arizona.

OPINION

HAIRE, Judge.

The only issue in this review of an award entered by the respondent Commission in a workmen's compensation proceeding, is whether the administrative law judge abused his discretion in refusing to schedule an additional hearing to allow the carrier and employer to present newly discovered evidence indicating that the employee had given fraudulent testimony relating to his claimed injury. The evidence was discovered shortly after the entry...

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