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LEWIS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2183.

126 Ariz. 266 (1980)

614 P.2d 347

Robert LEWIS, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Tucson Truck Terminal, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

July 10, 1980.

Attorney(s) appearing for the Case

Lawrence Ollason, Tucson, for petitioner.

Calvin Harris, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

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

OPINION

JACOBSON, Judge.

The central issue in this special action review of an Industrial Commission award is whether the hearing officer misapplied the law in determining that a preexisting arthritic condition was not an "accident or injury" and therefore could not serve to convert a subsequent scheduled injury into an unscheduled injury.

Petitioner, Robert Lewis, has been unable to work since December 14, 1971 when a tire fell on his left foot while...

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