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PIMA CTY. BD. OF SUP. v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 2730.

135 Ariz. 175 (1982)

659 P.2d 1320

PIMA COUNTY BOARD OF SUPERVISORS, Petitioner/Employer, County of Pima, Petitioner/Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Darline Schultz, Respondent/Employee.

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

Rehearing Denied January 18, 1983.

Review Denied February 23, 1983.

Attorney(s) appearing for the Case

Everett, Bury & Moeller by J. Michael Moeller, Marshall Humphrey, III, Tucson, for petitioners.

James A. Overholt, Acting Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Rabinovitz & Dix by Charles G. Rehling, James Dix, Tucson, for respondent employee.

OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this review of an award of the Industrial Commission is whether the administrative law judge could legally apply A.R.S. § 23-1061(L)1 by treating the claimant's petition to reopen as a new injury claim after the close of evidentiary hearings and decision, and if so, whether there was an abuse of discretion in doing so.

The original claim for benefits of respondent...

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