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FRANCO v. INDUSTRIAL COMMISSION OF ARIZONA

No. 1 CA-IC 2372.

130 Ariz. 37 (1981)

633 P.2d 446

Mike FRANCO, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Food Giant Super Market #2, Respondent-Employer, Western Fire Insurance Company, Respondent-Carrier.

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

Rehearing Denied July 31, 1981.

Review Denied September 17, 1981.

Attorney(s) appearing for the Case

Frank W. Frey, Tucson, for petitioner.

Calvin H. Harris, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Donald L. Cross, Larry L. Smith, Phoenix, for respondent-employer and respondent-carrier.

OPINION

O'CONNOR, Presiding Judge.

The issue raised in this Industrial Commission special action is whether a voluntary retirement of an injured workmen's compensation claimant is grounds for a readjustment of his loss of earning capacity benefits. We hold that it is not, and set aside the award.

The petitioner, Mike Franco, suffered a back injury in 1969 when he was unloading produce at work. At the time of his injury, Mr. Franco was earning $620...

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