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SCHUCK & SONS CONST. v. INDUSTRIAL COM'N

No. 2 CA-IC 97-0011.

963 P.2d 310 (1998)

192 Ariz. 231

SCHUCK & SONS CONSTRUCTION, Petitioner Employer, Alexsis, Inc., Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Gary Sinclair, by Joyce Sinclair, his widow, Respondent Employee.

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

Review Denied September 24, 1998.

Attorney(s) appearing for the Case

Bury, Moeller, Humphrey & O'Meara by J. Michael Moeller and Pamela Treadwell-Rubin, Tucson, for Petitioner Employer and Petitioner Carrier.

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

Tretschok, McNamara, Patten & Lohmann,P.C., by Carol L. Lohmann, Tucson, for Respondent Employee.

OPINION

PELANDER, Presiding Judge.

¶ 1 In this workers' compensation case, the employee/claimant Gary Sinclair and the employer/carrier Schuck & Sons Construction executed and filed with the Industrial Commission a compromise and settlement agreement for a lump sum compensation payment, which the Commission later approved despite Sinclair's intervening deathand Schuck's attempted withdrawal from the settlement on that basis. In this statutory special...

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