Collins v. L. M. White Contracting Co.

STEVENS, Judge.

This opinion relates to a difficult procedural problem, that is, the authority of the Court of Appeals- to take action in the face of an opinion of the Arizona Supreme Court arising out of the identical claim when, at first blush, it may appear that the prior Supreme Court opinion has put the matter at rest. A brief recitation of the background appears to be appropriate.

Collins sustained an industrial injury on 7 May, 1963. The matter was processed by The Industrial Commission of Arizona to the point of an adverse award denying compensation. This award was entered on 3 June,…