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ADAMS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3189.

147 Ariz. 418 (1985)

710 P.2d 1073

George W. ADAMS, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Rodney Amick and Mary Amick, his wife, dba Rod's Happy Rentals, Respondent Employer, No Insurance, Respondent Carrier.

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

Motion for Reconsideration Denied September 5, 1985.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara, Tucson, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Bury & Moeller, P.A. by J. Michael Moeller, Tucson, for respondent Employer and respondent Carrier.

OPINION

MEYERSON, Presiding Judge.

The issue in this special action is whether an Industrial Commission award may be reversed on review by a substituted administrative law judge who did not personally observe the claimant testify. Because the claimant's credibility is crucial in this case, we hold the award upon review must be set aside.

I. FACTS

George Adams (claimant) filed a claim for a low back injury occurring on "approximately January...

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