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Kasalica v. Industrial Commission of Arizona

Supreme Court of Arizona

October 14, 1946

KASALICA
v.
INDUSTRIAL COMMISSION OF ARIZONA et al

Appeal by Certiorari from an Award of the Industrial Commission of Arizona.

Proceeding under the Workmen's Compensation Act by R. J. Kasalica, compensation claimant, opposed by Shattuck-Denn Mining Corporation, a corporation, employer-self insurer, wherein an award was made in favor of claimant for permanent disability for loss of hearing. Thereafter the claimant sought a rehearing. From an award of the Industrial Commission of Arizona denying the rehearing, the claimant appeals by certiorari.

Awards set aside.

John Pintek, of Bisbee, for petitioner.

John R. Franks, of Phoenix (H. S. McCluskey, of Phoenix, of counsel), for respondent Commission.

James T. Gentry and Anthony T. Deddens, both of Bisbee, for respondent employer.

Morgan, Judge. Stanford, C. J., and LaPrade, J., concur.

OPINION

Morgan, Judge.

Page 637

[65 Ariz. 29] On May 18, 1945, petitioner, who was employed as a miner by the respondent corporation in its mine near Bisbee, suffered an injury to his hearing from a concussion due to blasting. His application for compensation from the respondent employer-self insurer under the Workmen's Compensation Act, was duly filed. On February 6, 1946, award was made in favor of petitioner, and against the respondent employer-self insurer, for scheduled permanent disability for loss of hearing. On February 15 the commission received the following letter, in the form of a carbon copy and without signature other than the typewritten name of petitioner as it appeared on the carbon copy:

"This in answer to the award given to Rad J. Kasalica Case No. LL 6492 on February 6, 1946.

"And consider this letter as a protest to this award, and I request a hearing to be held as soon as possible. Let me know the day you want Mr. Kasalica to appear, so he can be on time.

"I would like to know what happened to Mr. Kasalica's compensation checks he has not received any since December, now you know this man has to eat and he is not ...


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