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POLLARD v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3829.

159 Ariz. 299 (1988)

767 P.2d 22

Donald POLLARD, Petitioner Employee, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Reliance Truck, Respondent Employer, Argonaut Insurance Company, Respondent Insurance Carrier.

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

Review Denied February 7, 1989.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Joseph M. Bettini, Phoenix, for petitioner Employee.

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

Long & Lester, P.A. by Steven C. Lester, Phoenix, for respondents Employer and Ins. Carrier.

OPINION

JACOBSON, Judge.

The sole issue in this special action review of an Industrial Commission award is whether a carrier or the Special Fund may re-litigate whether an earlier injury was scheduled, in order to avoid the unscheduling of a subsequent scheduled injury under the rationale of Ronquillo v. Industrial Comm'n, 107 Ariz. 542, 490 P.2d 423 (1971), when neither was a party...

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