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[DOWNLOAD] "Magma Copper Co. V. Industrial Commission" by Arizona Supreme Court * Book PDF Kindle ePub Free

Magma Copper Co. V. Industrial Commission

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eBook details

  • Title: Magma Copper Co. V. Industrial Commission
  • Author : Arizona Supreme Court
  • Release Date : January 21, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

Israel Vargas (claimant) filed a claim for benefits under the Workmen's Compensation Act. The employer, Magma Copper Company, and the carrier, Old Republic Companies, denied the claim. After a hearing before an administrative law judge, an award was made granting temporary disability and medical benefits. The employer and carrier requested administrative review. When the award was affirmed on administrative review, the employer and carrier sought review by special action in the court of appeals. That court vacated the award, Magma Copper Company, et al. v. Industrial Commission, 138 Ariz. 568, 675 P.2d 1387 (App.1982); claimant then petitioned this court for review. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5, and Ariz.R.Civ.App.P., Rule 23, 17A A.R.S. We granted review because the case presents an important procedural point regarding the employer's duty to raise in a workmen's compensation case what would be described as an affirmative defense in an ordinary civil action.


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