Young v. Industrial Commission

OPINION

WINTHROP, Judge.

¶ 1 We must decide in this special action whether the administrative law judge (“ALJ”) erred by awarding scheduled bene*269fits for petitioner Larry Young’s Arizona industrial injury.1 Petitioner contends that his injury should be unscheduled because of two prior out-of-state industrial awards. For the reasons that follow, we hold that if a prior out-of-state industrial injury resulted in an award that would have been scheduled had it occurred in Arizona, a loss of earning capacity for such injury is conclusively presumed, and a subsequent Arizona scheduled industrial…