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DUTTON v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3003.

140 Ariz. 448 (1984)

682 P.2d 453

Michael D. DUTTON, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arizona Nursery, Respondent Employer, Fidelity & Casualty Company of New York, Respondent Carrier.

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

April 12, 1984.

Attorney(s) appearing for the Case

Law Offices of Richard E. Taylor by Richard E. Taylor, Phoenix, for petitioner.

Sandra A. Day, Chief Counsel, Phoenix, for respondent The Industrial Com'n of Ariz.

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondents.

OPINION

HAIRE, Presiding Judge.

In this review of an Industrial Commission award denying a reopening, the precise issue is whether it is a defense to reopening that an industrially related condition and subsequent nonindustrial activity combined to cause a new injury. Because we find that under the facts of this case it is not a defense, the award is set aside.

In a compensable industrial injury in April...

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