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PROUDFOOT v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 97-0093.

971 P.2d 186 (1998)

193 Ariz. 139

Curtis PROUDFOOT, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Citizens Utilities, Respondent Employer, Continental Insurance, Respondent Carrier.

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

Redesignated as Opinion and Publication Ordered March 17, 1998.

Attorney(s) appearing for the Case

Stephen L. Weiss and Toby Zimbalist, Phoenix, for Petitioner Employee.

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

Jones, Skelton & Hochuli by Bonnie E. Elber, Phoenix, for Respondents Employer and Carrier.

OPINION

EHRLICH, Judge.

This is a special action review of an Industrial Commission award granting rearrangement. One issue is presented on appeal: whether a job which is medically contraindicated for an individual worker can be used to establish that worker's post-injury earning capacity.

In this case, Citizens Utilities petitioned to rearrange the unscheduled permanent partial disability benefits of Curtis Proudfoot. It presented evidence that...

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