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NORSWORTHY v. INDUSTRIAL COMMISSION

No. I CA-IC 1139.

24 Ariz. App. 73 (1975)

535 P.2d 1304

Estelle L. NORSWORTHY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Executive Inn Motel, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied July 16, 1975.

Review Denied September 23, 1975.

Attorney(s) appearing for the Case

Lawrence Ollason, Tucson, for petitioner.

Greg L. Folger, Chief Counsel The Industrial Commission of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel State Compensation Fund by George B. Morse, Phoenix, for respondent employer and respondent carrier.

OPINION

STEVENS, Judge.

We are presented with the question of whether The Industrial Commission may treat a disability as a scheduled permanent disability when the injured worker has a prior industrial injury which is not yet stationary.

Estelle L. Norsworthy (petitioner) sustained an industrial injury of an unscheduled type on 13 July 1967. This injury was processed and litigated, including an appeal to this Court, see Benson v. The Industrial...

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