UNIV. MECHANICAL CONTRACTORS v. INDUS. COM'N

No. 1 CA-IC 2732.

135 Ariz. 365 (1983)

661 P.2d 215

UNIVERSITY MECHANICAL CONTRACTORS, Petitioner Employer, Argonaut Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, David Figueroa, Respondent Employee.

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

Rehearing Denied February 22, 1983.

Review Denied April 5, 1983.


Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Marshall Humphrey III, Tucson, for petitioner employer and carrier.

James A. Overholt, Acting Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

Rabinovitz & Dix, P.C. by David M. Waterman, Tucson, for respondent employee.


OPINION

JACOBSON, Presiding Judge.

The issue presented here is whether when the injured workman returns to the same type of post-injury employment, without a change in physical disability, an award of the Industrial Commission increasing the amount of earning capacity is justified by the evidence.

The claimant respondent, David Figueroa, was originally injured on August 9, 1974, while employed by petitioner, University Mechanical Contractors, as a...

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