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POAGE v. INDUSTRIAL COMMISSION

No. 1 CA-IC 485.

15 Ariz. App. 511 (1971)

489 P.2d 1213

William D. POAGE, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Charles Scarlett & Marie Scarlett (Spur Lake Cattle Company), Respondent Employer, State Compensation Fund, Respondent Carrier.

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

October 28, 1971.

Attorney(s) appearing for the Case

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

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

Robert K. Park, Chief Counsel, State Compensation Fund by Gene Phillippo, Phoenix, for respondents State Compensation Fund and Charles Scarlett & Marie Scarlett (Spur Lake Cattle Co.).

EUBANK, Judge.

We issued our writ of certiorari to review the lawfulness of an award and findings of The Industrial Commission of Arizona of April 28, 1970, finding that the petitioner had sustained a permanent partial disability equal to a thirty percent loss of function of his left (minor) arm resulting in a scheduled award (A.R.S. § 23-1044, subsec. B).

Petitioner contends that the award should have been an unscheduled award (A.R.S. § 23-1044...

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