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AVILA v. SUPERIOR COURT

No. 1 CA-SA 91-082.

169 Ariz. 49 (1991)

816 P.2d 946

Victor G. AVILA, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Gary E. Donahoe, a judge thereof, Respondent Judge. Dorna Esther BUNG, individually; and Dorna Esther Bung dba Dee's Flowers and Gifts, an Arizona corporation, Real Parties in Interest.

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

August 29, 1991.

Attorney(s) appearing for the Case

Douglass & Ferrarino by Bedford Douglass, Jr., Mesa, for petitioner.

Burrell, Seletos & Tinsley by Ernest D. Tinsley, Phoenix, for real parties in interest.

OPINION

JACOBSON, Judge.

Petitioner is the plaintiff in a personal injury suit that includes a claim for loss of earning capacity. The trial court has granted defendant's motion to compel plaintiff to be examined by a vocational rehabilitation specialist, pursuant to Rule 35, Arizona Rules of Civil Procedure. The issue presented is whether a vocational rehabilitation examination, performed by a specialist who is concededly not a physician, is authorized...

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