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ROSS v. INDUSTRIAL COMMISSION

No. 11790-PR.

112 Ariz. 253 (1975)

540 P.2d 1234

Robert ROSS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Roman Metal Products, Respondent Employer, The Fidelity & Casualty Company of New York, Respondent Carrier.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 25, 1975.

Attorney(s) appearing for the Case

Johnson, Hayes & Dowdall by Anthony D. Terry, Dee-Dee Samet, Tucson, for petitioner.

Edward F. Cummerford, Chief Counsel, William C. Wahl, Jr., Former Chief Counsel by R.E. Taylor, Legal Counsel, Phoenix, for respondent, The Industrial Commission of Arizona.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Donald L. Cross, Lawrence H. Lieberman, Phoenix, for respondent employer and respondent carrier.

STRUCKMEYER, Vice Chief Justice.

Petitioner Robert Ross was working as a welder at the time of an industrial accident in which he lost the sight of his right eye. Prior to the industrial accident, petitioner had suffered a nonindustrial injury which caused the formation of a cataract in his left eye, rendering him blind in that eye. Three months after his industrial injury, petitioner underwent surgery at his own expense which, though requiring him to use a corrective...

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