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PIMA COUNTY BD. OF SUP'RS v. INDUS. COM'N

No. 18285-PR.

149 Ariz. 38 (1986)

716 P.2d 407

PIMA COUNTY BOARD OF SUPERVISORS, Petitioner Employer, The Home Insurance Carrier, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Gilbert I. Jayme, Respondent Employee.

Supreme Court of Arizona, En Banc.

March 19, 1986.

Attorney(s) appearing for the Case

Bury, Moeller & Humphrey by Kevin Miniat, J. Michael Moeller, Tucson, for petitioner Employer and petitioner Carrier.

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

Les Gilbertson, Tucson, for respondent Employee.

FELDMAN, Justice.

We have accepted review of this case to determine the allocation of the burden of proof in a rearrangement of workers' compensation benefits under A.R.S. § 23-1044(F)(3). The precise question is whether an insurance carrier seeking rearrangement of an award may satisfy its burden of proof by presenting evidence of changed employment leading to a worker's possible increased earning capacity, where the worker's own acts make it impossible to prove...

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