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HAHN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 09-0054.

252 P.3d 1036 (2011)

William F. HAHN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, City Of Phoenix, Respondent Employer, City Of Phoenix c/o Pinnacle Risk Management Svcs., Respondent Carrier.

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

May 3, 2011.

Attorney(s) appearing for the Case

Taylor & Associates, PLLC By Thomas C. Whitley, Phoenix, Attorneys for Petitioner Employee.

Klein, Lundmark, Barberich & La Mont, P.C. By Kirk A. Barberich, Phoenix, Attorneys for Respondent Employer.

Tony Zimbalist, Phoenix, Attorney for Professional Firefighters of Arizona, Amicus Curiae.

OPINION

HALL, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (ICA) decision denying the petitioner's claim for benefits. The petitioner employee, William F. Hahn (Hahn), contends that the Administrative Law Judge (ALJ) misconstrued Arizona Revised Statutes (A.R.S.) section 23-901.01(B) (Supp. 2010) and erroneously concluded that he was not entitled to a statutory presumption that his cancer is an occupational disease...

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