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DUTTON v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 88-077.

162 Ariz. 464 (1989)

784 P.2d 290

Michael D. DUTTON, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arizona Nursery, Respondent Employer, Fidelity & Casualty Company, Respondent Carrier.

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

December 12, 1989.

Attorney(s) appearing for the Case

Taylor & Schaar by Richard E. Taylor, Phoenix, for petitioner.

Catherine A. Fuller, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by Calvin Harris and Melinda K. Kelley, Phoenix, for respondent employer and respondent carrier.

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award reclosing a claim. The issue is whether a determination of the claimant's lost earning capacity was correct. The administrative law judge concluded that the prior final award, which was based on a stipulated earning capacity, was conclusive. Because the administrative law judge failed to make a finding concerning whether the stipulation was based on a mutual mistake...

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