Franco v. Industrial Commission of Arizona

OPINION

O’CONNOR, Presiding Judge.

The issue raised in this Industrial Commission special action is whether a voluntary retirement of an injured workmen’s compensation claimant is grounds for a readjustment of his loss of earning capacity benefits. We hold that it is not, and set aside the award.

The petitioner, Mike Franco, suffered a back injury in 1969 when he was unloading produce at work. At the time of his injury, Mr. Franco was earning $620.24 per month. In 1971, the Industrial Commission determined that the claimant had an unscheduled permanent partial disability representing a 15%…