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YANEZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 917.

21 Ariz. App. 367 (1974)

519 P.2d 220

Valdemar A. YANEZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Town of South Tucson, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied April 5, 1974.

Review Denied April 30, 1974.

Attorney(s) appearing for the Case

Bernard I. Rabinovitz, James S. Dix, Tucson, for petitioner.

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund, by Dee-Dee Samet, Phoenix, for respondent employer and respondent carrier.

OPINION

STEVENS, Judge.

Two questions are raised in this writ of certiorari. The first is whether the facts presented by the petitioner are sufficient to raise a presumption of an impaired earning capacity at the time of incurring a scheduled injury, so that the petitioner may receive an unscheduled award under A.R.S. § 23-1044(E). The second question is whether, absent such a presumption, there is sufficient evidence in the record to support the hearing...

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