PFS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 96-0108.

955 P.2d 30 (1997)

191 Ariz. 274

PFS, Petitioner Employer, Aetna Casualty & Surety Co., Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Marvin J. Gordon, Respondent Employee.

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

Reconsideration Denied October 10, 1997.

Review Denied May 19, 1998.


Attorney(s) appearing for the Case

Teilborg, Sanders & Parks, P.C. by Scott H. Houston, Phoenix, for Petitioners Employer & Carrier.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for Respondent.

Thomas C. Wilmer, Phoenix, for Respondent Employee.


OPINION

FIDEL, Presiding Judge.

A disabling industrial injury that would ordinarily be scheduled is unscheduled under Arizona law if the worker already suffers, at the time of injury, from a permanent earning capacity disability. See Ariz.Rev. Stat. Ann. ("A.R.S.") § 23-1044(E) (1995); Ronquillo v. Industrial Comm'n, 107 Ariz. 542, 543-44, 490 P.2d 423, 424-25 (1971...

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