Lee Moor Contracting Co. v. Industrial Commission of Arizona, Civil 4647
Decision Date | 13 December 1943 |
Docket Number | Civil 4647 |
Citation | 61 Ariz. 52,143 P.2d 888 |
Parties | LEE MOOR CONTRACTING COMPANY and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LIMITED, Petitioners, v. THE INDUSTRIAL COMMISSION OF ARIZONA; RAY GILBERT, EARL G. ROOKS and FRED E. EDWARDS, as members of and constituting the Industrial Commission of Arizona; and J. B. RHOADES, Respondents |
Court | Arizona Supreme Court |
APPEAL by certiorari from an award of The Industrial Commission of Arizona. Award affirmed.
Messrs Jennings & Salmon and Mr. Ozell M. Trask, for Petitioners.
Mr. H S. McCluskey and Mr. FredO. Wilson, for Respondent Industrial Commission.
Messrs Cox & Cox, of Phoenix, Arizona, and Mr. Jacob H. Steinberg of New York City, for Respondent Rhoades.
J. B. Rhoades, hereinafter referred to as claimant, was employed by petitioner, Lee Moor Contracting Company, and while so employed, on July 17, 1939, jumped to escape a falling crane boom and as a result thereof injured his left ankle. He was treated from that date continuously by Dr. J. H. Patterson and a number of other physicians and surgeons up until August 7, 1940, when the first findings and award were made in the case awarding him temporary disability for the time he had been away from work and, in addition, giving him an award of permanent partial disability equaling 10% of the loss of the function of the left foot. A petition for rehearing was filed and a hearing granted upon which the Commission entered its decision upon rehearing affirming the award of August 7, 1940. This decision upon rehearing was filed October 18, 1940. No appeal was taken from this award and it thereupon became final. Subsequently, and on March 12, 1941, a petition to reopen the case was filed alleging an increase in the disability, a hearing was granted and a decision was made upon that rehearing awarding an additional sum of $459.38 for traumatic neurosis. This award was made on July 7, 1941, and became final, no motion for rehearing having been filed or appeal taken. Thereafter, and on March 2, 1942, an application for readjustment of compensation was filed. A hearing on this application was denied by the Commission, which denial resulted in an appeal to this court by certiorari and a decision setting aside the order of the Commission denying a hearing on the application for readjustment of compensation. Rhoades v. Lee Moor Contracting Co., 60 Ariz. 161, 132 P.2d 432. Following this decision a rehearing was had and as a result thereof the Industrial Commission found, in addition to matters not herein contested, the following:
The contention is that for lack of evidence the Commission was not legally warranted in finding that claimant had sustained an injury to his back and in finding that there was any disability due to aggravation of a pre-existing diseased spine caused by the injuries sustained.
Claimant testified that in addition to the ankle injury he sustained an injury to his back, close to the bottom of his spine, between his hips and the bottom of his spine. Shortly after the accident, according to claimant and Dr. Patterson, the attending physician, he complained about his back. Several doctors gave expert testimony. There seems to be no question that claimant at the time of the hearing was suffering not only with the ankle injury but likewise with an arthritic condition of the spine and that he was at the time totally disabled and unable to perform his usual work of manual labor. The dispute arises over the cause of the spinal condition. Doctors Patterson and James R. Moore believe there is no casual connection between the accident and the resulting injury and the existing spinal condition. On the other hand, Dr. Ralph Palmer, while recognizing that claimant had a pre-existing osteoarthritis which was not at the time of the accident causing disturbance, thinks there was perhaps sufficient force to aggravate this condition and stimulate it into an infectious type of progressive arthritis. The doctor further thinks that osteoarthritis found in most men over forty years of age who work with their backs will continue as such throughout life and not be disabling unless there occurs some circumstance introducing an infection or breaking down resistance to infection. And finally, Dr. Palmer testified:
To continue reading
Request your trial-
Fry's Food Stores of Arizona v. Industrial Com'n of Arizona
...Revles v. Industrial Commission, 88 Ariz. 67, 352 P.2d 759 (1960); Murray, 87 Ariz. 190, 349 P.2d 627; Lee Moor Contracting Co. v. Industrial Commission, 61 Ariz. 52, 143 P.2d 888 (1943), and with the underlying purposes of the workers' compensation system. See Ford, 145 Ariz. at 517, 703 P......
-
Reynolds v. Ruidoso Racing Ass'n, Inc.
...the doctors he was not so disabled as to be unable to work, and was not actually totally disabled. Lee Moor Contracting Co. v. Industrial Commission of Arizona, 61 Ariz. 52, 143 P.2d 888. The situation is comparable to that present in Ruiz v. Hedges, 69 N.M. 75, 364 P.2d 136, where we held ......
-
Eagle Indem. Co. v. Hadley
...of the previous disability as it existed at the time of the subsequent injury.' In the case of Lee Moor Contracting Co. v. Industrial Commission (Rhoades), 61 Ariz. 52, 143 P.2d 888, 890, we construed the above section so as to distinguish between a pre-existing condition, not disabling bef......
-
Aluminum Co. of America v. Industrial Commission of Arizona
... ... W. GREEN, Respondents Civil No. 4701Supreme Court of ArizonaOctober 9, 1944 ... APPEAL ... "ability to earn." ... The ... Rhodes case, cited as Lee Moor Contracting Co. v ... Industrial Comm., ante, p. 52, 143 P.2d ... 888, ... ...