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WESTERN CABLE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3216.

144 Ariz. 514 (1985)

698 P.2d 759

WESTERN CABLE, Petitioner Employer, Travelers Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Jon T. Swanson, Respondent Employee.

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

April 11, 1985.

Attorney(s) appearing for the Case

Law Offices of Christopher D.C. Hossack by JoAnn C. Gaffaney, Phoenix, for petitioners.

Sandra A. Day, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

John H. Budd, Jr., Phoenix, for respondent employee.

OPINION

EUBANK, Judge.

This is a special action review of an Industrial Commission award for temporary total disability. The dispositive issue is whether a prior final award extending temporary disability status from January 26 to December 2, 1983 precludes a denial of temporary disability compensation during this period. Because preclusion is inapplicable, we set aside the award.

The respondent employee (claimant) first injured his right knee in a...

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