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VISHINSKAS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3280.

147 Ariz. 574 (1985)

711 P.2d 1247

Thomas VISHINSKAS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Cam Am Corporation, Respondent Employer, Argonaut Insurance Company, Respondent Carrier, National Union Fire Insurance Company of Pittsburgh, Respondent Carrier.

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

December 24, 1985.

Attorney(s) appearing for the Case

Gilbert Gonzalez, Tucson, for petitioner employee.

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

Bury, Moeller & Humphrey by J. Michael Moeller, Tucson, for respondent Employer and respondent carrier Argonaut Ins. Co.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Larry L. Smith and David W. Earl, Phoenix, for respondent Carrier Nat. Union Fire Ins. Co. of Pittsburgh.

OPINION

CONTRERAS, Presiding Judge.

This is a special action review of a consolidated Industrial Commission award denying reopening of a 1981 claim but granting compensability of a 1983 claim. The issue on review is whether reopening as well as the compensability of the new injury claim should have been granted to avoid precluding subsequent reopening if the new injury proves to be merely a temporary aggravation of a previously undiscovered condition...

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