ORTEGA v. INDUSTRIAL COMMISSION

No. 1 CA-IC 2030.

121 Ariz. 554 (1979)

592 P.2d 388

John R. ORTEGA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Carpet Control, Inc., Respondent Employer, Home Insurance Company, Respondent Carrier.

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

March 13, 1979.


Attorney(s) appearing for the Case

Gorey & Delaney by Edgar M. Delaney, Phoenix, for petitioner.

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

Burch, Cracchiolo, Levie, Guyer & Weyl, P.A. by John F. Day, J. Lawrence McCormley, Phoenix, for respondents Employer and Carrier.


OPINION

FROEB, Judge.

Petitioner John R. Ortega, who has sustained four hernias during his years of employment with respondent employer Carpet Control, Inc., brings this special action to review the award of the hearing officer that his most recent hernia did not cause any permanent disability.

His arguments are: (1) Since the latest hernia was found to be a class one hernia under A.R.S. § 23-1043, there is a statutory presumption of partial permanent...

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