McCORMICK v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2820.

136 Ariz. 155 (1983)

664 P.2d 699

Earl G. McCORMICK, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Transcontinental Drilling Company, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied April 26, 1983.

Review Denied June 10, 1983.


Attorney(s) appearing for the Case

Rabinovitz & Dix, P.C. by David M. Waterman, Bernard I. Rabinovitz, Tucson, for petitioner employee.

James A. Overholt, Chief Counsel The Industrial Commission of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel, Phoenix by W. Smith Michael, Jr., Tucson, for respondents Employer and Carrier.


OPINION

JACOBSON, Presiding Judge.

The sole legal issue presented by this special action review of an Industrial Commission award is whether permanent disability benefits properly suspended under A.R.S. § 23-1047(D) should have been retroactively reinstated when the claimant submitted an annual report of income. The administrative law judge denied retroactive reinstatement and reinstated benefits from the date of compliance. We affirm the award.

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