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HOPKINS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0179.

176 Ariz. 173 (1993)

859 P.2d 796

Arthur HOPKINS, Petitioner Employee, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Salt River Project, Respondent Employer, Sedgwick James — CMS, Respondent Insurance Carrier.

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

September 23, 1993.

Attorney(s) appearing for the Case

Ely, Bettini, Ulman, Insana & Turley by Trace A. Bartlett, Ellen Hendrickson, Phoenix, for petitioner Employee.

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

Jennings, Strouss & Salmon by Ronald H. Moore, John J. Egbert, Phoenix, for respondents Employer and Carrier.

OPINION

CLABORNE, Presiding Judge.

This is a special action review of an Arizona Industrial Commission award denying a petition to reopen. The sole issue presented on appeal is whether the administrative law judge ("the ALJ") erred by finding that the petitioner employee ("Claimant") failed to establish a change in condition sufficient to support a petition to reopen. Because the uncontradicted evidence established a legally sufficient change in condition...

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