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ELMER SHELTON CONCRETE v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 2067.

123 Ariz. 200 (1979)

598 P.2d 1019

ELMER SHELTON CONCRETE CONTRACTOR, INC., Petitioner Employer, and Aid Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Cecil F. Fisher, Respondent Employee.

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

Rehearing Denied July 30, 1979.

Attorney(s) appearing for the Case

Lewis & Roca by Merton E. Marks, Phoenix, for petitioners.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Gorey & Delaney by Edgar M. Delaney, Phoenix, for respondent employee.

EUBANK, Presiding Judge.

The only issue presented in this Special Action — Industrial Commission is succinctly stated as follows in the petitioners' opening brief:

Did the Industrial Commission err as a matter of law when it found that a scheduled injury should be compensated as unscheduled due solely to a prior [unscheduled] industrial injury which caused a 10% general functional disability, but no loss of earning capacity?

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