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AGUAYO v. INDUSTRIAL COM'N OF ARIZONA

No. CA-IC 13-0048.

333 P.3d 31 (2014)

Jose AGUAYO, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Cemex, Respondent Employer, Gallagher Bassett Services, Respondent Carrier.

Court of Appeals of Arizona, Division 1.

August 12, 2014.

Attorney(s) appearing for the Case

Snow, Carpio & Weekley, PLC By Chad T. Snow, Toby Zimbalist, Phoenix, Co-Counsel for Petitioner Employee.

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

Jardine, Baker, Hickman & Houston By Stephen Baker, Phoenix, Counsel for Respondents Employer and Carrier.

Judge JON W. THOMPSON delivered the opinion of the Court, in which Presiding Judge ANDREW W. GOULD and Judge Peter B. Swann joined.

OPINION

THOMPSON, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (ICA) award and decision upon review for temporary disability benefits. The petitioner employee (claimant) presents two issues on appeal:

(1) whether Edward J. Dohring, M.D.'s testimony was legally sufficient to support the award; and (2) whether the ICA's May 13, 2011 award precluded the administrative law judge in the current proceedings...

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