Bryant v. Industrial Commission, 1
| Decision Date | 13 February 1974 |
| Docket Number | No. 1,CA-IC,1 |
| Citation | 519 P.2d 209,21 Ariz.App. 356 |
| Parties | Alan L. BRYANT, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, W. R. Skousen, Respondent Employer, State Compensation Fund, Respondent Insurance Carrier. 879. |
| Court | Arizona Court of Appeals |
This is a review by way of certiorari of an award of the Industrial Commission denying rearrangement or readjustment of an award entered on July 7, 1964 finding the petitioner to have no loss of earning capacity.
On November 24, 1962 the petitioner, a truck driver, injured his back in an industrially related accident. An award of the Industrial Commission based on this accident was entered in July, 1964 finding that the petitioner suffered a ten percent permanent partial disability with no loss of earning capacity. The finding of no loss of earning capacity was based on the fact that the petitioner returned to the same position at no decrease in salary.
In 1966 the petitioner quit his job with the respondent and took a position with Pima Mine operating heavy equipment. This position offered compensation equivalent to the petitioner's former employment. He remained with Pima Mine until August, 1971 when he voluntarily ended that employment and accepted a job as a crane operator on a government project in Colorado. This work was supposed to last about seventeen years but due to a cutback in funds the project was terminated within a few days after the petitioner reported for work. As a result of this unfortunate occurrence the petitioner moved his family back to Tucson but he was unable to regain his former position with the mine. In fact, the petitioner has been unable to obtain any employment which pays the equivalent of his previous wage at the mine.
In October, 1971 the petitioner filed his claim for rearrangement or readjustment of compensation with the Industrial Commission, alleging that his earning capacity had changed and that the 1962 injury was a cause of this change. The petition was denied and a hearing was requested at which petitioner's claim was again denied. The Commission affirmed the award. The finding of the Commission was that the petitioner's post-injury earnings for the nine years after the accident were equal to or in excess of his pre-injury income and that from these facts at least a presumption of no loss of earning capacity was raised. Maness v. Industrial Commission, 102 Ariz. 557, 434 P.2d 643 (1967). And further, from the evidence presented, the petitioner failed in his...
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