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HUSKY FENCE CO. v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2871.

138 Ariz. 21 (1983)

672 P.2d 973

HUSKY FENCE COMPANY, INC., Petitioner Employer, Safeco Insurance Companies, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Dwayne Jones, Respondent Employee.

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

Review Granted November 15, 1983.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Lawrence H. Lieberman, Larry L. Smith, Phoenix, for petitioner employer and petitioner carrier.

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

Frank W. Frey, Tucson, for respondent employee.

OPINION

JACOBSON, Chief Judge.

This review of an award of the Industrial Commission puts in question the authority of an administrative law judge to determine the credibility of a claimant by discounting his sworn testimony in the proceedings before the administrative law judge.

This matter was initiated by the claimant, Dwayne Jones, filing a claim for workers' compensation benefits on February 24, 1981, alleging that he suffered an injury when he...

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