U.S. FID. & GUARANTY CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 1503.

117 Ariz. 480 (1977)

573 P.2d 880

UNITED STATES FIDELITY & GUARANTY COMPANY and Clyde Nelson Construction Co., Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Burton Harger, Respondent Employee.

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

April 5, 1977.


Attorney(s) appearing for the Case

Moore & Romley by Craig R. Kepner, Phoenix, for petitioners.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Alston, Edwards, Scott & Novak, P.C., by Cecil A. Edwards, Jr., Phoenix, for respondent employee.


OPINION

JACOBSON, Presiding Judge.

The basic issue presented by this review of a decision of the Industrial Commission is whether an increase in subjective symptoms of pain without an increase in objective physical impairment or increase in loss of earning capacity will support the reopening of a prior award finding a permanent physical disability with an earning capacity impairment.

The facts are not in substantial dispute. On September 8, 1971, respondent...

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