MORGAN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 862.

21 Ariz. App. 526 (1974)

521 P.2d 157

Fred MORGAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Town and Country Chrysler Plymouth, Respondent Employer, Continental Casualty Company (CNA Insurance), Respondent Carrier.

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

Rehearing Denied June 7, 1974.

Review Denied September 17, 1974.


Attorney(s) appearing for the Case

Machmer, Schlosser & Meitz, Ltd. by Ronald M. Meitz, Phoenix, for petitioner.

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

Jennings, Strouss & Salmon by Jon L. Kyl and Ronald H. Moore, Phoenix, for respondents employer and carrier.


OPINION

DONOFRIO, Presiding Judge.

This Court is faced with the question of whether to apply the Ronquillo1 presumption. That presumption, which if unrebutted converts a scheduled award into an unscheduled one, indicates that if a prior injury was non-industrially related and would have been classified as a scheduled injury, there is a rebuttable presumption that the prior injury had an effect on the earning capacity of the workman...

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