Rose v. Industrial Commission of Arizona
Decision Date | 31 October 1938 |
Docket Number | Civil 4015 |
Citation | 52 Ariz. 466,83 P.2d 786 |
Parties | JACK ROSE, Petitioner v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent |
Court | Arizona Supreme Court |
APPEAL by Certiorari from an award of The Industrial Commission of Arizona. Award set aside.
Messrs Silverthorne & Silverthorne, for Petitioner.
Mr. Don A. Babbitt and Mr. Howard A. Twitty, for Respondent.
The petitioner is dissatisfied with the award of the Industrial Commission and brings it before the Supreme Court for review.
He was working for the Gillespie Land and Irrigation Company insured in the state compensation fund, when, on January 30 1937, he was injured. At the time of his injury he was driving a tractor. In turning the tractor, it slipped on some loose hay and rolled over. Petitioner jumped and was on his hands and knees when a wheel of the tractor passed over the back of his right lower leg fracturing the extreme lower end of the fibula. All agreed it was a crushing injury.
In due time, he made application to the Industrial Commission for compensation. Owing to the inability of the physicians attending petitioner to determine whether the injury would be permanent and if so the extent of it, the application was not passed upon until March 1, 1938, when the commission allowed him compensation for temporary disability in the sum of $553.71; and permanent partial disability equal to a 10 per cent. loss of function of the right foot, or for the period of four months at $30 per month.
The petitioner filed his motion with the commission for a rehearing, which was granted and held on April 20, 1938. At such hearing petitioner introduced evidence showing or tending to show that the permanent partial disability to his leg and foot was from fifty to sixty per cent. The respondent introduced no evidence but relied upon the evidence before it at the time of making the award (March 1, 1938), consisting of the unverified reports of the medical rating board, particularly the one of February 7, 1938, reading:
After the rehearing, the commission again accepted the medical board's recommendation and affirmed its former award.
Petitioner insists that the commission erred in its ruling in two respects: (1) In not accepting the proof of percentage of permanent partial disability as presented on rehearing; and (2) in limiting the award for such disability to a percentage.
He admits the rule is well settled by this court that the decision of the Industrial Commission...
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