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DYE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3471.

153 Ariz. 289 (1986)

736 P.2d 373

Thelma W. DYE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, K Mart # 4387, Respondent Employer, K Mart Corporation c/o KM Administrative Services, Respondent Carrier.

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

July 29, 1986.

Attorney(s) appearing for the Case

Johnson & Kurth by Chris T. Johnson, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Moore, Long & Lester by Joseph L. Moore, Phoenix, for respondent Employer and Carrier.

CONTRERAS, Judge.

This is a special action review of an Industrial Commission award for a scheduled disability. The sole issue concerns this disability classification: whether an arm bone fracture, which results in restricted motion, pain, and swelling at the shoulder joint is a scheduled or an unscheduled disability. Because only the arm is anatomically abnormal and the shoulder pain and swelling are nondisabling, the correct disability classification is scheduled...

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