Fry's Food Stores v. Industrial Commission

OPINION

ZLAKET, Justice.

The issue here is whether apportionment of workers’ compensation benefits pursuant to A.R.S. § 23-901.05 is appropriate where disability results from superimposition of an occupational disease upon a nonoccupational preexisting condition that did not, by itself, adversely affect claimant’s ability to perform his regular employment. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3) and A.R.S. § 12-120.24.

On April 5, 1986, William Steele (“claimant”) fainted after becoming ill at work. He was a custodial worker who had cleaned up flour and dough at the central…