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OBERSTEINER v. INDUSTRIAL COM'N

No. 1 CA-IC 88-138.

161 Ariz. 547 (1989)

779 P.2d 1286

Michael OBERSTEINER, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, E.T. Auto & Truck, Respondent Employer, Sentry Insurance Company, Respondent Carrier.

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

Reconsideration Denied October 2, 1989.

Attorney(s) appearing for the Case

JoAnn C. Gaffaney, Phoenix, for petitioner.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross, J. Victor Stoffa, Phoenix, for respondent employer and respondent Carrier.

LEVI RAY HAIRE, Judge, Retired.

This is a special action review of an Industrial Commission award for temporary disability benefits. Because we find that the administrative law judge erred by imposing the requirements of Rule 41 (A.A.C. R4-13-141) on the claimant's request for cross-examination, we set aside the award and do not reach other issues raised on review.

PROCEDURAL HISTORY

On May 20, 1987, the...

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