# Castillo v. Industrial Commission

> Court of Appeals of Arizona · April 16, 1974 · 21 Ariz. App. 465

URL: https://www.frixlaw.com/law-library/cases/9553858

## Case

- **Full name:** Rudolfo H. CASTILLO, Petitioner, v. the INDUSTRIAL COMMISSION of Arizona, Respondent, Producers Cotton Oil Company, Respondent Employer, Employers Mutual Liability Insurance Company of Wisconsin, Respondent Carrier
- **Court:** Court of Appeals of Arizona
- **Decided:** April 16, 1974
- **Citations:** 21 Ariz. App. 465; 520 P.2d 1142; 1974 Ariz. App. LEXIS 352
- **Precedential status:** Published
- **Opinion:** Concurrence by Eubank
- **Judges:** Haire, Eubank, Jacobson
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9553858

## How later opinions describe it (automated extraction)

- noting that we consider our decisions "as highly persuasive and binding, unless we are convinced that the prior decisions are based upon clearly erroneous principles"

## Opinion text

EUBANK, Judge
(specially concurring).
I was one of the concurring judges in the Terrell v. Industrial Commission, supra, opinion. Since I concur in this opinion, it is necessary that I state my reasons.
First, I found the Terrell approach very attractive since it solves the jurisdictional problem raised by matters on review by establishing a clear line of demarcation between the jurisdiction of the Commission and the Court of Appeals. Second, I found the opinion helpful in pointing out that the problem arises from legislative obtuseness and should be solved by legislative action rather than by judicial action. However, after reading Judge Haire’s fine analysis of the problem, I am convinced that he is correct and that, much as it is to be desired, there is no simple answer to this jurisdictional problem. Each case must be measured on the scale described above.
It is hoped that our Supreme Court will consider this question and once and for all put it to rest.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9553858. Public record. Not legal advice.