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COHN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 91-0223

176 Ariz. 508 (1993)

862 P.2d 881

Henry COHN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Smitty's Super Valu, Respondent Employer, Smitty's Super Valu, Respondent Carrier.

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

Review Granted November 30, 1993.

Attorney(s) appearing for the Case

Schiffman, Hozier & Kurth, P.C. by K. Casey Kurth, Phoenix, for petitioner.

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

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondent employer/carrier.

OPINION

JACOBSON, Judge.

This review of an Industrial Commission award presents to a third panel of this court a problem that has received varying treatment.1 We write to add to the already rich mixture discussing the effect of post-injury employment which is terminated for reasons unrelated to the industrial injury when considering loss of earning capacity.

Claimant, Henry Cohn, sustained a low back injury on March 4,...

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