Norsworthy v. Industrial Commission

OPINION

STEVENS, Judge.

We are presented with the question of whether The Industrial Commission may treat a disability as a scheduled permanent disability when the injured worker has a prior industrial injury which is not yet stationary.

Estelle L. Norsworthy (petitioner) sustained an industrial injury of an unscheduled type on 13 July 1967. This injury was processed and litigated, including an appeal to this Court, see Benson v. The Industrial Commission of Arizona, 19 Ariz. App. 214, 505 P.2d 1387 (1973). 1 On 9 April 1970, the 1967 claim was reopened and remains open at the present. He'r…