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BEARUP v. INDUSTRIAL COMMISSION

No. 1 CA-IC 622.

16 Ariz. App. 121 (1971)

491 P.2d 844

Charles D. BEARUP, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Western Minerals and Mining, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department A.

December 20, 1971.

Attorney(s) appearing for the Case

Norman Herring, Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, Industrial Comm. of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Harlan J. Crossman, Phoenix, for respondent employer-carrier.

CASE, Judge.

This case is before the Court by writ of certiorari to test the lawfulness of an award and finding of The Industrial Commission of Arizona awarding petitioner permanent partial disability compensation as a "scheduled" injury equal to 20% functional loss of use of the left leg.

The petitioner had a prior industrial injury in 1941 which resulted in an award in April of 1944 for a 20% functional loss of use of his right leg.

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