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LAKER v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2948.

139 Ariz. 459 (1984)

679 P.2d 105

Dean LAKER, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Shamrock Foods Company, Respondent Employer, Fremont Indemnity Company, Respondent Carrier.

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

February 21, 1984.

Attorney(s) appearing for the Case

Rabinovitz & Dix, P.C. by Bernard I. Rabinovitz, Charles G. Rehling, Tucson, for petitioner.

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

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondent employer and respondent carrier.

OPINION

JACOBSON, Chief Judge.

Dean Laker sustained a job-related injury on January 30, 1979. His claim was accepted and closed on July 29, 1981 with an award for unscheduled permanent partial disability, with a 19.30% reduction in earning capacity. Less than a year later, the insurance carrier filed a petition for rearrangement of compensation, alleging that "claimant is earning more, or as much as at date of injury." On May 5, 1982, the Industrial Commission...

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