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MADRID v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0174.

178 Ariz. 606 (1994)

875 P.2d 839

Vincent MADRID, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Basha's, Respondent Employer, State Compensation Fund, Respondent Carrier. Vincent MADRID, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Basha's, Respondent Employer, CIGNA/Aetna Fire Underwriters, Respondent Carrier.

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

Review Denied June 28, 1994.

Attorney(s) appearing for the Case

Cecil A. Edwards, Jr., Phoenix, for petitioner.

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

Jones, Skelton & Hochuli by Charles G. Rehling, Phoenix, for respondent Carrier State Compensation Fund.

Long, Lester & Lundmark by Steven C. Lester, Phoenix, for respondent Employer and respondent Carrier CIGNA/Aetna Fire Underwriters.

OPINION

JACOBSON, Presiding Judge.

In this review of an award of the Industrial Commission (Commission), we must determine whether claimant is entitled to collect total temporary disability from two carriers as the result of two separate and distinct injuries. The Commission apportioned compensation between the two carriers and awarded them a credit for overpayment. Claimant sought review claiming:

(1) the apportionment resulted in taking claimant...

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