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MARTINEZ v. INDUSTRIAL COM'N OF ARIZONA

No. CV-97-0201-PR.

962 P.2d 903 (1998)

192 Ariz. 176

Sharron MARTINEZ, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Ideal Weight Loss Centers aka Quick Weight Loss Center, Respondent Employer, ITT Hartford, Respondent Carrier.

Supreme Court of Arizona, En Banc.

July 17, 1998.

Attorney(s) appearing for the Case

Thomas R. Stillwell, Phoenix, for Petitioner.

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

Jones, Skelton & Hochuli by Terrence Kurth, Phoenix, for Respondents Employer and Carrier.

OPINION

JONES, Vice Chief Justice.

¶ 1 This case involves a "mixed risk" workers' compensation claim that is predicated on claimant's gradual injury. Two issues are presented:

1. May a court of appeals' opinion which this court depublished because, although it agreed with the result, it did not agree with the analysis, constitute the law of the case in subsequent proceedings? 2. What is the proper measure of legal causation in a gradual...

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