Yount v. Industrial Commission

OPINION

DONOFRIO, Presiding Judge.

This review by certiorari questions the lawfulness of an award and findings of The Industrial Commission of Arizona determining that petitioner’s preexisting permanent physical disabilities did not affect his earning capacity at the time of a subsequent industrial injury, and therefore did not constitute a basis for finding the present disability to be unscheduled rather than scheduled. See generally, A.R.S. § 23-1044.

On December 4, 1969 petitioner, Otis Yount, then approximately 58 years of age, sustained a fall and injured his major arm • — -the right arm —…