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CHAVEZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 916.

21 Ariz. App. 501 (1974)

520 P.2d 1178

Melisendro CHAVEZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Christy Construction Company, Respondent Employer, Employers Mutual Liability Insurance Co. of Wisconsin, Respondent Carrier.

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

Rehearing Denied May 30, 1974.

Review Granted June 18, 1974.

Attorney(s) appearing for the Case

Rabinovitz & Minker, P.C., by Bernard I. Rabinovitz, Tucson, for petitioner.

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

Shimmel, Hill & Bishop, P.C., by Merton E. Marks and J. Russell Skelton, Phoenix, for respondent employer and respondent carrier.

OPINION

STEVENS, Judge.

The two basic questions presented in this review of the award of The Industrial Commission of Arizona are:

1. Where there has been a partial laminectomy with the excision of a herniated nucleus pulposis resulting in a permanent anatomical change in the injured workman, can there be an award which finds the absence of a physical functional impairment or the absence of a percentage rating thereof attributable to the industrially...

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