SUTTON v. INDUSTRIAL COMMISSION

No. 1 CA-IC 627.

16 Ariz. App. 334 (1972)

493 P.2d 501

Jesse D. SUTTON, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Consolidated Copperstate Lines, Respondent Employer, Transport Indemnity Company, Respondent Carrier.

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

Rehearing Denied March 9, 1972.

Review Denied May 9, 1972.


Attorney(s) appearing for the Case

Morgan & Jerome by Donald J. Morgan, Phoenix, for petitioner.

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for respondent carrier.

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

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


JACOBSON, Judge.

The single question before this court is whether a prior nonindustrial injury resulted in a loss of earning capacity at the time of a subsequent scheduled industrial injury which would then convert that injury into the unscheduled class.

Petitioner was employed as a carloader prior to serving in the Marine Corps during World War II. As a result of his wartime duties, petitioner suffered a 60 percent loss of hearing for which he is presently...

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