MILLER v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 1950.

122 Ariz. 493 (1979)

595 P.2d 1038

Fred MILLER, Jr., Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Anadite, Inc., Respondent Employer, The Travelers Insurance Company, Respondent Carrier.

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

Rehearing Denied May 16, 1979.

Review Denied June 5, 1979.


Attorney(s) appearing for the Case

Davis & Eppstein, P.C., by Robert W. Eppstein, Tucson, for petitioner.

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

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


OPINION

HAIRE, Judge.

The issue in this workmen's compensation case, as framed by petitioner Fred Miller, Jr., is whether the preexisting condition of being black, illiterate, and of marginal intelligence is an earning capacity disability that will convert a scheduled 10% impairment of the leg into an unscheduled disability.

Petitioner injured his right leg in a compensable accident while employed by Anadite...

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