Tyrrell v. Industrial Commission

OPINION

MEYERSON, Presiding Judge.

This case presents a previously unconsidered application of Ronquillo v. Industrial Commission, 107 Ariz. 542, 490 P.2d 423 (1971). Petitioner Raul Tyrrell contends that respondent State Compensation Fund cannot invoke the Ronquillo rule against his wishes and thereby deny him the benefit of having his second industrial injury treated as a scheduled injury. Despite our concern that the application of Ronquillo under the facts of this case deprives petitioner of a statutory compensation benefit, we nevertheless conclude that Ronquillo forecloses petitioner’s…