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ASBESTOS, ETC. v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 2552.

131 Ariz. 558 (1982)

642 P.2d 903

ASBESTOS ENGINEERING & SUPPLY CO., Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Lloyd D. Cogdill, Respondent Employee.

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

March 11, 1982.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by Robert F. Retzer, Phoenix, for petitioners Employer & Carrier.

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

Christopher J. Philips, P.C. by Christopher J. Philips, Phoenix, Attys. for respondent Employee.

OPINION

CONTRERAS, Judge.

The dispositive issue presented in this special action — Industrial Commission is whether the administrative law judge erred in finding that the respondent employee (hereafter respondent) met his burden of proving a prior non-industrial injury so as to entitle him to an unscheduled award under A.R.S. § 23-1044(E).1 We find that the respondent failed to present sufficient evidence and therefore...

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