Court of Appeals of Arizona July 6, 1978, No. 1 CA-IC 1766 (Ponce v. Industrial Commission)

OPINION

SCHROEDER, Judge.

Petitioner, Julian R. Ponce, challenges an Industrial Commission award which found that his back injury was not compensable under our Workmen’s Compensation Act. In resolving the case against the petitioner on credibility grounds, the hearing officer drew a negative inference from the petitioner’s failure to call a witness whom the petitioner had subpoenaed.