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GUTIERREZ v. INDUSTRIAL COM'N OF ARIZONA

No. CV-10-0285-PR.

249 P.3d 1095 (2011)

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

Supreme Court of Arizona, En Banc.

April 21, 2011.

Attorney(s) appearing for the Case

Cecil A. Edwards, Jr., Attorney at Law By Cecil A. Edwards, Jr., Phoenix, Attorneys for Jesus Gutierrez.

Industrial Commission of Arizona By Andrew F. Wade, Chief Counsel, Phoenix, Attorneys for Industrial Commission of Arizona.

State Compensation Fund By James B. Stabler, Chief Counsel, Mark A. Kendall, Deborah E. Mittelman, Phoenix, Attorneys for Masterson & Clark Framing, Inc. and SCF Arizona.

Toby Zimbalist, Attorney at Law By Toby Zimbalist, Phoenix, Attorneys for Amicus Curiae Arizona Association of Lawyers for Injured Workers.

OPINION

BERCH, Chief Justice.

¶ 1 An Arizona administrative rule provides that a physician should rate an injured worker's impairment using standards set forth in the "most recent edition" of the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). Ariz. Admin. Code (A.A.C.) R20-5-113(B). We must determine whether "most recent edition" refers to the edition that was most recent when the Rule was promulgated (the...

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