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Lauderdale v. Industrial Commission of Arizona

Supreme Court of Arizona

July 6, 1943

O. P. LAUDERDALE, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent

APPEAL by Certiorari from an award of The Industrial Commission of Arizona. Order affirmed.

Messrs. Cox & Cox, for Petitioner.

Mr. H. S. McCluskey, and Mr. Fred O. Wilson, for Respondent.

OPINION

Page 450

[60 Ariz. 444] STANFORD, J.

In 1941 the case of Lauderdale v. Industrial Commission, 57 Ariz. 520, 115 P.2d 249, was brought into this court by the petitioner herein because the Commission denied him compensation for alleged injuries, and the award was affirmed by this Court, and it now comes to us on an order of the Industrial Commission of Arizona denying a new rehearing in the matter of the application of O. P. Lauderdale. The petition of the applicant was dated January 15, 1943, and was presented in order to offer additional evidence which at a previous hearing was not available, and which evidence would support a claim for compensation benefits.

The petition for rehearing further recites:

"Petitioner wishes to introduce new evidence to the effect that the doctors who previously examined him and who testified in the case failed to give consideration to certain signs and symptoms occurring at the time of the accident."

[60 Ariz. 445] The order of the Industrial Commission of Arizona denying rehearing in this case is, in main, as follows:

"Findings of Fact No. I.

"The Commission finds that the aforementioned Award (meaning that of June 20, 1949) is res adjudicata; that it is without further jurisdiction in the premises, and has no jurisdiction to entertain the petition for rehearing filed on the 15th day of January, 1943.

"Now, therefore, it is ordered that the application for rehearing be, and the same is hereby denied on the grounds that the Industrial Commission is without jurisdiction in the premises."

The question in contention and to be determined is: Has the Industrial Commission of Arizona any further power over its award denying compensation after the award has been affirmed by this Court on appeal?

As shown by the order denying rehearing in this cause, the Findings and Award first rendered in this case was dated June 20, 1940. The Findings and Award was affirmed by this Court in July, 1941. No compensation was ever allowed in the case, and after the decision of this Court in July, 1941, no further action was taken until the filing of the ...


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