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CLEMENS v. INDUSTRIAL COMMISSION OF ARIZONA

No. 17308-PR.

139 Ariz. 486 (1984)

679 P.2d 509

Philip J. CLEMENS, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Simpson Concrete Company, Respondent Employer, Insurance Company of North America, Respondent Carrier.

Supreme Court of Arizona, En Banc.

March 8, 1984.

Attorney(s) appearing for the Case

Van Baalen Law Office by Peter T. Van Baalen, Phoenix, for petitioner.

Lorraine E. Friedman, Legal Counsel, Industrial Com'n of Ariz., Phoenix, for respondent.

Moore & Long by Joseph L. Moore, Phoenix, for respondent employer.

FELDMAN, Justice.

Petitioner seeks review of an award denying workmen's compensation benefits. The Industrial Commission concluded the injury was not compensable and the court of appeals affirmed that award. The finding and award was based upon a determination of claimant's credibility, or lack thereof, by the administrative law judge.

After the court of appeals affirmed by memorandum opinion (Clemens v. Industrial Commission, No. 1CA-IC 2818, filed...

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