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LOPEZ v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 89-0026.

162 Ariz. 578 (1989)

785 P.2d 98

Jesus F. LOPEZ, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Safeway Stores, Inc., Respondent Employer, Safeway Stores, Inc., Respondent Carrier.

Court of Appeals of Arizona, Division 2, Department A.

December 21, 1989.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Jeffrey L. Patten, Tucson, for petitioner Employee.

The Industrial Commission of Arizona by Anita Valainis, Chief Counsel, Phoenix, for respondent.

Bury, Moeller, Humphrey & O'Meara by J. Michael Moeller and Jean Gage, Tucson, for respondents Safeway.

OPINION

ROLL, Presiding Judge.

In this special action, petitioner/employee Jesus F. Lopez appeals from the award of the administrative law judge (ALJ). Because the ALJ considered a group consultation report without affording Lopez an opportunity to cross-examine all of the authors thereof, we set aside the award.

BACKGROUND

Jesus F. Lopez was employed by Safeway Stores, Inc. (Safeway) on July 3, 1987, when he sustained injury to his lower left...

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