Paramount Pictures, Inc. v. Industrial Commission
Cited by
- Hazelton v. Industrial Commission 530 P.2d 370 Ariz. Ct. App. 1975
- Nye v. Industrial Commission 406 P.2d 884 Ariz. Ct. App. 1965
- Schnatzmeyer v. Industrial Commission 276 P.2d 534 Ariz. 1954
- Magma Copper Co. v. Aldrete 216 P.2d 392 Ariz. 1950
- Killebrew v. Industrial Commission 176 P.2d 925 Ariz. 1947
Authorities cited
Identified automatically; this list may not be exhaustive.
- King v. Alabam's Freight Co. 12 P.2d 294
Opinion text
LOCKWOOD, J. Petitioners herein have moved for a rehearing, urging that on appeals from an award of the Industrial Commission the jurisdiction of this court is limited to affirming or setting aside an award in toto, and that we may not, as in all other civil and even in most criminal appeals, modify the judgment rendered by the lower tribunal. This position is correct. While, of course, we do point out in effect, when an award is set aside, what the commission must do, *353 unless it wishes its subsequent award also be reversed, so that the rule is more of form than of practical value, nevertheless the legislature, in its wisdom, has . made this distinction, and we must observe it. Section 1452, Revised Code of 1928; King v. Alabam’s Freight Company, 40 Ariz. 363 , 12 Pac. (2d) 294 . For this reason, our former opinion is modified by striking therefrom the last paragraph and substituting in place thereof the words, “The award of the commission is set aside.” ROSS, C. J., and MoALISTER, J., concur.