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NEWMAN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 498.

14 Ariz. App. 154 (1971)

481 P.2d 524

Mary Jo NEWMAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phelps Dodge Mercantile Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

March 8, 1971.

Attorney(s) appearing for the Case

Davis & Eppstein by Robert W. Eppstein, Tucson, for petitioner.

Evans, Kitchel & Jenckes by John Orr Theobald, II, Phoenix, for respondent Phelps Dodge Mercantile Co.

William C. Wahl, Jr., Counsel, Donald L. Cross, Former Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Robert K. Park, Chief Counsel, Phoenix, State Compensation Fund.

JACOBSON, Presiding Judge.

In this review by certiorari of an award entered by the Industrial Commission, we are asked to determine whether the Commission is unqualifiedly required to find permanent disability based solely on subjective symptoms.

Petitioner, a 42-year-old meat packer, on October 14, 1967, slipped and fell suffering a compensable back injury.1 Proceedings before the Commission culminated in the finding of no permanent...

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