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LOW v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2933.

140 Ariz. 52 (1984)

680 P.2d 188

Mary LOW, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Smitty's Super Valu, Respondent-Employer, Smitty's Super Valu, c/o Fred S. James & Company, Respondent-Carrier.

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

February 7, 1984.

Attorney(s) appearing for the Case

John V. Riggs, Ltd. by John V. Riggs, Phoenix, for petitioner.

Lewis & Roca by Merton E. Marks, Barry Fish, Christine A. Coffey, Phoenix, for respondent-employer and respondent-carrier.

Sandra Day, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award for scheduled permanent partial disability. The issue presented is whether a permanent shoulder impairment, the rating of which was based solely on restricted arm motion, is a scheduled or an unscheduled disability. Because we find that legally it is an unscheduled disability, we set aside the award.

The petitioner (claimant), a waitress, slipped and fell...

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