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ADAMS INSULATION v. INDUSTRIAL COM'N

No. CV-88-0390-PR.

163 Ariz. 555 (1990)

789 P.2d 1056

ADAMS INSULATION COMPANY, and Fremont Indemnity Company, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Steve Lopez, Respondent Employee.

Supreme Court of Arizona, En Banc.

March 27, 1990.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Mr. Calvin Harris, Phoenix, for petitioners.

Industrial Com'n by Anita R. Valainis, Chief Counsel, Phoenix, for respondent.

Tretschok, McNamara & Clymer by Dale D. Tretschok, Tucson, for respondent employee.

OPINION

HATHAWAY, Judge.

Claimant Steve Lopez (Lopez) seeks review of a Court of Appeals opinion setting aside his worker's compensation award. The court vacated the award based on the reasoning in its prior opinion, Miller v. Industrial Comm'n, 122 Ariz. 493, 595 P.2d 1038 (App. 1979), that an innate low intellectual capacity can never be the result of an industrial injury. Adams...

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