Oquita v. Industrial Commission

OPINION

SCHROEDER, Judge.

This is a case like Fletcher v. Industrial Comm’n, 587 P.2d 757 (Ct.App.Ariz., filed Aug. 15, 1978), filed this day, involving a partially disabled mine employee who was discharged as a result of the general shutdown of mine operations.

In 1970, petitioner, Robert Oquita, injured his back while working as a miner for the respondent-employer, Phelps Dodge Corporation, in its Bisbee, Arizona, mine, the Copper Queen. His claim was closed with a fifteen percent unscheduled disability but with no loss of earning capacity, because he returned to work as a miner at the same…