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DIMAIO v. INDUSTRIAL COM'N

No. 1 CA-IC 91-0195.

173 Ariz. 132 (1992)

840 P.2d 308

Bennie DIMAIO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Maricopa County, Respondent Employer, Gab Business Services, Respondent Insurance Carrier.

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

October 29, 1992.

Attorney(s) appearing for the Case

Jerome, Gibson, Stewart, Friedman & Stevenson, P.C. by James L. Stevenson, Phoenix, for petitioner employee.

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

Jones, Skelton & Hochuli by Terrence Kurth, Phoenix, for respondent Employer and Carrier.

OPINION

TOCI, Judge.

The issue in this industrial case is whether the employer is entitled to a credit against claimant's future workers' compensation disability benefits for claimant's sick leave, vacation leave, and compensatory time ("accrued benefits") paid while he was disabled. Petitioner employee ("claimant") seeks special action review of an Arizona Industrial Commission ("commission") Decision Upon Hearing and Findings and of an Award ("award")...

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