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GUTIERREZ v. INDUSTRIAL COM'N

No. 1 CA-IC 09-0040.

243 P.3d 604 (2010)

Jesus GUTIERREZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Masterson & Clark Framing, Inc., Respondent Employer, SCF Arizona, Respondent Carrier.

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

July 8, 2010.

Attorney(s) appearing for the Case

Cecil A. Edwards, Jr., Phoenix, Attorney for Petitioner Employee.

Andrew F. Wade, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

James B. Stabler, Chief Counsel, SCF Arizona by Deborah E. Mittelman, Mark A. Kendall, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

WINTHROP, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review that found the petitioner employee ("Claimant") medically stationary with no permanent impairment. Claimant raises the following issues on appeal:

(1) whether Arizona Administrative Code ("A.A.C.") R20-5-113(B) ("Rule 113(B)") and specifically the phrase "the most recent edition" refers to the Fifth Edition...

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