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DKI CORP./SYLVAN POOLS v. INDUS. COM'N

No. 1 CA-IC 89-024.

169 Ariz. 357 (1991)

819 P.2d 943

DKI CORPORATION/SYLVAN POOLS, Petitioner-Employer, National Union Fire Insurance of Pittsburg, Petitioner-Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Abel Millanez, Respondent-Employee.

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

Reconsideration Denied April 24, 1991.

Review Granted November 5, 1991.

Attorney(s) appearing for the Case

Joseph L. Moore, Ltd., Phoenix, for petitioners.

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

Cecil A. Edwards, Jr., Phoenix, for respondent-employee.

OPINION

GRANT, Chief Judge.

This is a special action review of an Industrial Commission award granting reopening and awarding interest on unpaid temporary disability benefits from the filing date of the petition to reopen. Petitioners present three issues. First, whether a claimant's conduct violating medical restrictions constitutes an affirmative defense on reopening. Second, if not, whether claimant carried his burden of proving that his conduct was reasonable...

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