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LEE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 91-0209.

176 Ariz. 265 (1993)

860 P.2d 1318

Thomas LEE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Safeway Stores, Inc., Respondent Employer, Safeway Stores, Inc., Respondent Carrier.

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

Review Denied November 4, 1993.

Attorney(s) appearing for the Case

Taylor & Schaar by Thomas R. Stillwell, Phoenix, for petitioner.

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

Lewis and Roca by Merton E. Marks, Barry Fish, Deborah A. Nye, Phoenix, for respondent Employer and Carrier.

OPINION

O'MELIA, Judge**.

This is a special action review of an Industrial Commission award denying a change of physician under Ariz. Rev. Stat. Ann. ("A.R.S.") § 23-1070(E) (1983). The sole issue on appeal is whether A.R.S. § 23-1071(B) applies to self-insured employers who have complied with the requirements of A.R.S. § 23-1070. We hold that A.R.S. § 23-1070 is exclusive and A.R.S. § 23-1071(B) does not...

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