Fernandez v. Industrial Commission

CAMERON, Judge.

This case is before the Court on a writ of certiorari to review the lawfulness of an Award and Findings of the Industrial Commission of Arizona. The award denied the reopening of petitioner’s claim on the grounds that he failed to prove he suffered a new or previously undiscovered disability related to the industrial accident of January 1961.

Although he is a native-born citizen, petitioner speaks and understands only Spanish. Because of the language barrier, he has been handicapped in the prosecution of his claim.

Petitioner was injured while unloading scrap iron from a truck at…