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YOUNT v. INDUSTRIAL COMMISSION

No. 1 CA-IC 848.

20 Ariz. App. 527 (1973)

514 P.2d 280

Otis YOUNT, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Tucson Prestressed & Architectural Concrete Company, Inc., Respondent Employer, Globe Indemnity Company, Respondent Carrier.

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

Rehearing Denied October 30, 1973.

Review Denied December 11, 1973.

Attorney(s) appearing for the Case

Law Offices of Paul G. Rees, Jr. by Ronald D. Mercaldo, Tucson, for petitioner.

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

Lesher & Scruggs, P.C. by D. Thompson Slutes, Tucson, for respondent carrier.

OPINION

DONOFRIO, Presiding Judge.

This review by certiorari questions the lawfulness of an award and findings of The Industrial Commission of Arizona determining that petitioner's preexisting permanent physical disabilities did not affect his earning capacity at the time of a subsequent industrial injury, and therefore did not constitute a basis for finding the present disability to be unscheduled rather than scheduled. See generally, A.R.S. § 23-1044...

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