Poage v. Industrial Commission

EUBANK, Judge.

We issued our writ of certiorari to review the lawfulness of an award and findings of The Industrial Commission of Arizona of April 28, 1970, finding that the petitioner had sustained a permanent partial disability equal to a thirty percent loss of function of his left (minor) arm residting in a scheduled award (A.R.S. § 23-1044, subsec. B).

Petitioner contends that the award should have been an unscheduled award (A.R.S. § 23-1044, subsec. C). Although petitioner does not dispute that the evidence supports the findings of the Commission, he is advocating that as a matter of law…