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CRYSTAL BOTTLED WATERS v. INDUS. COM'N

No. 1 CA-IC 91-0139.

174 Ariz. 184 (1993)

847 P.2d 1131

CRYSTAL BOTTLED WATERS, Petitioner Employer, McKesson Corporation, c/o Crawford and Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Richard Lopez, Respondent Employee.

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

Reconsideration Denied March 23, 1993.

Attorney(s) appearing for the Case

Joseph L. Moore, Ltd. by Joseph L. Moore, Phoenix, for petitioners employer and carrier.

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

Taylor & Associates by Thomas R. Stillwell, Phoenix, for respondent employee.

OPINION

TOCI, Judge.

This is a review of an award for permanent partial disability. In finding that the employee suffered lost-earning capacity based upon work as a light-duty delivery driver, the administrative law judge ("ALJ") rejected the uncontradicted opinion of petitioners' vocational expert that higher-paying work as a limousine driver would be suitable and affirmatively found that such work would be unsuitable. We hold that: (1) the ALJ may properly...

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