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HOWARD P. FOLEY CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 3449.

151 Ariz. 522 (1986)

729 P.2d 326

HOWARD P. FOLEY COMPANY, Petitioner Employer, State Compensation Fund; Howard P. Foley Company c/o Arizona Adjustment Agency, Petitioner and Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Kenneth J. Habner, Respondent Employee.

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

July 24, 1986.

Attorney(s) appearing for the Case

Lewis and Roca by Merton E. Marks, R. Kent Klein, Phoenix, for petitioner employer and carrier.

Robert K. Park, Chief Legal Counsel, State Compensation Fund, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Jerome, Gibson & Stewart by D.A. Jerome, Joel F. Friedman, Thomas C. Whitley, Phoenix, for respondent employee.

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award for permanent total disability. Only one legal issue is presented: whether under the statutes applicable to this 1971 industrial injury, after payment of the statutory maximum one hundred months of temporary total disability benefits, the disability status automatically changes as a matter of law to permanent total disability even though the condition is not yet medically stationary...

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