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ARIZONA DPS v. INDUSTRIAL COM'N

Nos. CV-91-0287-PR, CV-91-0426-PR.

176 Ariz. 318 (1993)

861 P.2d 603

ARIZONA DEPARTMENT OF PUBLIC SAFETY, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Daniel T. Gibson, Respondent Employee. Randall KINNARD, Petitioner Employee, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Cyprus Twin Buttes Corporation, Respondent Employer, Cyprus Minerals Company, Respondent Carrier.

Supreme Court of Arizona, En Banc.

October 14, 1993.

Attorney(s) appearing for the Case

State Compensation Fund by Christopher E. Kamper, Chief Counsel, and Christopher O. Anderson, Phoenix, for Arizona Dept. of Public Safety and State Compensation Fund.

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

Taylor & Schaar by Richard E. Taylor and Thomas R. Stillwell, Phoenix, for Daniel T. Gibson.

Ely, Bettini & Ulman by Trace A. Bartlett, Phoenix, for Randall Kinnard.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by J. Victor Stoffa and Donald L. Cross, Phoenix, for Cyprus Twin Buttes Corp. and Cyprus Minerals Co.

OPINION

ZLAKET, Justice.

We accepted review to determine whether, and to what extent, termination of post-injury employment for misconduct affects an employee's right to recover workers' compensation benefits for loss of earning capacity arising out of the earlier industrial injury. We also briefly address the consequences of an employee's post-injury return to work at his or her previous place of employment. We seek to resolve the apparent conflicts...

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