Shaw v. Industrial Commission
| Decision Date | 23 May 1973 |
| Docket Number | No. 10871--PR,A--1,10871--PR |
| Citation | 510 P.2d 47,109 Ariz. 401 |
| Parties | Doral H. SHAW dbaCooler Pad Company, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Anna M. Parker, Respondent Employee. |
| Court | Arizona Supreme Court |
Spencer K. Johnston, Phoenix, for petitioner. William C. Wahl, Jr., Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.
Charles M. Brewer, Ltd. by Charles M. Brewer, and James D. Lester, Phoenix, for respondent employee.
Robert K. Park, Chief Counsel, State Compensation Fund by James B. Long, Phoenix, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Donald L. Cross, Phoenix, Jennings, Strouss & Salmon, by William R. Jones, Jr., Phoenix, amici curiae.
This is a petition by Doral H. Shaw dba A--1 Cooler Pad Company and the Industrial Commission of Arizona for review of two opinions of the Court of Appeals, the first, 15 Ariz.App. 573, 490 P.2d 18 (1971), setting aside an award of the Industrial Commission, and the second, 17 Ariz.App. 37, 495 P.2d 477 (1972), an opinion supplemental thereto. Both opinions are ordered vacated and the award of the Industrial Commission affirmed.
Respondent, Anna M. Parker, an employee of Doral Shaw, a manufacturer of excelsior pads for evaporative coolers, sustained an industrial-related injury on May 6, 1968. She had been employed by Shaw for a number of years, working approximately six months out of each year. The Industrial Commission on June 2, 1970, in its decision upon rehearing, made interim findings and an award. It found that as a result of the accident that respondent required back surgery, which was performed on October 10, 1969, that, because of a blood transfusion administered during the back surgery, petitioner contracted hepatitis, and that she was entitled to compensation for temporary total disability and for temporary partial disability. It further found that respondent's condition was not yet stationary and that her average monthly wage at the time of injury was $200.00, the statutory minimum. The Commission awarded compensation for both temporary total disability and for temporary partial disability, the latter from May 14, 1968 through October 9, 1969, and from February 9, 1970 until such time that the condition became stationary, and the former from October 10, 1969 through February 8, 1970.
Petitioner urges that since respondent only worked six months in a year she 'could only suffer a disability for work for six months out of a year,' and that, therefore, the payment of all disability benefits should be limited to six months out of a year. We reject petitioner's position and hold that respondent must be compensated for both temporary total disability and temporary partial disability for the length of time that such disabilities exist for the reason that the statutes of the State of Arizona so provide.
A.R.S. § 23--1044, subsec. A requires that compensation for temporary partial disability 'shall be paid during the period thereof.' A.R.S. § 23--1045, subsec. A provides...
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