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ESPINOSA v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 90-083.

170 Ariz. 354 (1991)

824 P.2d 750

Fred ESPINOSA, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Fry's Food Stores of Arizona and Strata Construction, Respondent Employers, Fry's Food Stores of Arizona (Self-Insured) and Aetna Casualty & Surety Company, Respondent Carriers.

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

Review Denied March 3, 1992.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Ellen E. Hendrickson, Phoenix, for petitioner employee.

Anita R. Valainis, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Joseph L. Moore, Ltd. by Joseph L. Moore and Julie Doherty, Phoenix, for respondent Employer and respondent Carrier Fry's Food Stores.

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondent employer Strata Const. and respondent Insurance Carrier Aetna Cas. & Sur. Co.

OPINION

BROOKS, Judge.

This is a special action review of a consolidated Arizona Industrial Commission award granting a new injury claim but denying reopening of a prior claim. The issue on review is whether the administrative law judge erroneously denied reopening when the evidence satisfied the legal test for reopening and established that the average monthly wage for the first claim exceeded the average monthly wage for the second claim. We conclude that...

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