ELLIOTT MACHINE WORKS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 783.

20 Ariz. App. 70 (1973)

510 P.2d 69

ELLIOTT MACHINE WORKS, and Fireman's Fund Insurance Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Walter W. Morris, Respondent Employee.

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

June 5, 1973.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Ralph E. Mahowald, Jr., Phoenix, for petitioners.

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

Morgan & Jerome, by Donald J. Morgan, Phoenix, for respondent employee.


STEVENS, Judge.

Walter W. Morris sustained an industrially related back injury on 9 March 1970. After a period of treatment he attempted to return to his employment and was physically unable to do so. Thereafter he submitted to back surgery.

He was determined to have sustained a 5% permanent physical functional disability. Considering his age, his lack of education, and the other factors required by A.R.S. § 23-1044, subsecs. (c), (d) his loss of earning...

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