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SALT RIVER PROJECT v. INDUSTRIAL COM'N

No. 1 CA-IC 91-0082.

172 Ariz. 477 (1992)

837 P.2d 1212

SALT RIVER PROJECT, Petitioner-Employer, Salt River Project c/o Sedgwick James of Arizona, Inc., Petitioner-Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert CLINE, Respondent Employee, Industrial Commission of Arizona-Special Fund, Respondent.

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

September 15, 1992.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Ronald H. Moore, Phoenix, for petitioner.

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

Industrial Com'n of Arizona-Special Fund by Kent M. Struckmeyer, Phoenix, for respondent.

OPINION

VOSS, Presiding Judge.

This is a special action review of an Arizona Industrial Commission ("commission") award denying apportionment under the second injury fund statute. See Ariz. Rev. Stat. Ann. ("A.R.S.") § 23-1065(C) (Supp. 1991). We address one issue: whether a brain tumor (meningioma) is a "[c]erebral vascular accident," one of the listed impairments under subsection 23-1065(C). See A.R.S. § 23-1065(C)(3)(k). The Administrative...

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