GUTIERREZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 201.

8 Ariz. App. 477 (1968)

447 P.2d 569

Higinio GUTIERREZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona and Arizona Highway Department, Respondents.

Court of Appeals of Arizona.

Rehearing Denied January 7, 1969.

Review Denied February 11, 1969.


Attorney(s) appearing for the Case

Gorey & Ely, by Joseph N. Bettini, Phoenix, for petitioner.

Robert D. Steckner, Chief Counsel by Donald L. Cross, Phoenix, for respondents.


STEVENS, Judge.

The basic issue is whether The Industrial Commission erred in failing to award compensation to an injured workman who sustained a 20 percent general physical functional disability and thereafter returned to his former employment at higher wages. It is the contention of the petitioner that notwithstanding these facts he could no longer compete for similar employment on the open labor market.

At the time of the petitioner's injury in an industrial...

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