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ROSEBERRY v. INDUSTRIAL COMMISSION

No. 12418-PR.

113 Ariz. 66 (1976)

546 P.2d 802

Clarence J. ROSEBERRY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Western-Knapp Engineering Company, Arthur G. McKee & Company and M.M. Sundt Construction Company, Respondent Employers, State Compensation Fund, General Accident Assurance Corp. and Employers Mutual Liability Insurance Company of Wisconsin, Respondent Carriers.

Supreme Court of Arizona, En Banc.

February 26, 1976.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Barry N. Akin, 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 Arthur B. Parsons, Phoenix, for respondent employer Western-Knapp and respondent carrier State Compensation Fund.

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for respondent employer Arthur G. McKee and respondent carrier General Accident Assurance Corp.

HAYS, Justice.

The petitioner, Clarence J. Roseberry, suffered an industrial injury to his lower lumbar spine on January 11, 1973. On February 23, 1973, a lumbar laminectomy was performed by Dr. Mark Frankel, an orthopedic surgeon. The following June the petitioner and the doctor decided that petitioner should test the post-operative back by a return to his customary job as an ironworker. After petitioner's return to work, a Notice of Claim Status was filed July 9...

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