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Ashley v. Industrial Commission

Court of Appeals of Arizona, Division One, Department B
Jan 5, 1971
478 P.2d 145 (Ariz. Ct. App. 1971)

Opinion

No. 1 CA-IC 353.

January 5, 1971.

Writ of Certiorari to Review the Lawfulness of an Award of The Industrial Commission of Arizona (Claim No. BE 47651).

Gorey Ely by Sherman R. Bendalin, Phoenix, for petitioner.

Donald L. Cross, Chief Counsel, Phoenix, for respondent Industrial Commission of Arizona.

Robert K. Park, Chief Counsel by R. Kent Klein, Phoenix, for respondent State Compensation Fund.


In this review by certiorari of an award entered by the Industrial Commission, petitioner complains of an award entered by the Commission finding no permanent disability resulting from petitioner's industrial injury. Although a reading of petitioner's brief with its highly selective references to the hearing transcript would lead the Court to believe that the medical testimony compelled a finding of permanent disability caused by the industrial injury involved, when the full transcript is read, the most that could be said in petitioner's favor is that there was possibly a conflict in the medical testimony. On the whole, the medical testimony furnished an adequate evidentiary basis for the award entered by the Commission.

The award is affirmed.

JACOBSON, P.J., and EUBANK, J., concur.


Summaries of

Ashley v. Industrial Commission

Court of Appeals of Arizona, Division One, Department B
Jan 5, 1971
478 P.2d 145 (Ariz. Ct. App. 1971)
Case details for

Ashley v. Industrial Commission

Case Details

Full title:Ethel D. ASHLEY, Petitioner, v. INDUSTRIAL COMMISSION of Arizona…

Court:Court of Appeals of Arizona, Division One, Department B

Date published: Jan 5, 1971

Citations

478 P.2d 145 (Ariz. Ct. App. 1971)
478 P.2d 145