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TARTAGLIA v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 91-0037.

176 Ariz. 513 (1993)

862 P.2d 886

Pete R. TARTAGLIA, Jr., Petitioner/Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Blue Circle West, Inc., Respondent/Employer, National Union Fire Insurance Company, Respondent/Carrier.

Court of Appeals of Arizona, Division 2, Department B.

Review Granted and Denied November 30, 1993.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Jeffery L. Patten, Tucson, for petitioner/employee.

The Indus. Com'n by Anita R. Valainis, Chief Counsel, Phoenix, for respondent.

Bury, Moeller, Humphrey & O'Meara by J. Michael Moeller, Tucson, for respondent/employer and carrier.

Review Granted on Issue 1 and Denied on other Issues November 30, 1993.

OPINION

HATHAWAY, Judge.

Petitioner/employee Pete Tartaglia seeks review of the Administrative Law Judge's (ALJ) decision that he had not been incapacitated for a period of time sufficient to meet the threshold requirement of A.R.S. § 23-1062(B).

Petitioner, a truck driver, suffered an industrial injury to his right eye on July 2, 1990. He was treated...

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