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TYRRELL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3236.

146 Ariz. 563 (1985)

707 P.2d 967

Raul TYRRELL, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Rite Way Ventilating Company, Respondent-Employer, State Compensation Fund, Respondent-Carrier.

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

Reconsideration Denied August 7, 1985.

Review Denied October 22, 1985.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Brian I. Clymer, Tucson, for petitioner.

Sandra Day, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent Industrial Comm. of Arizona.

Robert K. Park, Chief Counsel, State Compensation Fund, by W. Smith Michael, Jr., Tucson, for respondent-carrier and respondent-employer.

OPINION

MEYERSON, Presiding Judge.

This case presents a previously unconsidered application of Ronquillo v. Industrial Commission, 107 Ariz. 542, 490 P.2d 423 (1971). Petitioner Raul Tyrrell contends that respondent State Compensation Fund cannot invoke the Ronquillo rule against his wishes and thereby deny him the benefit of having his second industrial injury treated as a...

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