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SMITH v. INDUSTRIAL COM'N

No. 1 CA-IC 94-0005.

184 Ariz. 511 (1996)

910 P.2d 662

Sharon SMITH, Petitioner, v. INDUSTRIAL COMMISSION of Arizona, Respondent, Department of Corrections, Respondent Employer, State Compensation Fund, Respondent Insurance Carrier.

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

January 23, 1996.

Attorney(s) appearing for the Case

Jerome, Gibson, Stewart, Friedman, Stevenson & Engle, P.C. by Joel F. Friedman, Phoenix, for Petitioner.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for Respondent.

Steven C. Lester, P.C. by Steven C. Lester, Phoenix, for Respondents Employer and Carrier.

OPINION

LANKFORD, Judge.

This is a special action review of an Industrial Commission award for a permanent partial disability, a loss of earning capacity, and a denial of apportionment. The Administrative Law Judge ("ALJ") found that the petitioner employee had sustained a 26.62% loss of earning capacity, and he denied the respondent State Compensation Fund's request for apportionment of the permanent partial disability benefits. We lack jurisdiction and therefore...

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