Yanez v. Industrial Commission

OPINION

STEVENS, Judge.

Two questions are raised in this writ of certiorari. The first is whether the facts presented by the petitioner are sufficient to raise a presumption of an impaired earning capacity at the time of incurring a scheduled injury, so that the petitioner may receive an unscheduled award under A.R.S. § 23-1044(E). The second question is whether, absent such a presumption, there is sufficient evidence in the record to support the hearing officer’s finding that no previous disability existed.

On 3 October 1969 the petitioner was standing on top of a garbage truck in the course of…