Lewis v. INDUSTRIAL COM'N OF ARIZONA

OPINION

JACOBSON, Judge.

The central issue in this special action review of an Industrial Commission award is whether the hearing officer misapplied the law in determining that a preexisting arthritic condition was not an “accident or injury” and therefore could not serve to convert a subsequent scheduled injury into an unscheduled injury.

Petitioner, Robert Lewis, has been unable to work since December 14, 1971 when a tire fell on his left foot while he was employed by respondent employer, Tucson Truck Terminal. Since that date, petitioner has suffered through a bunionectomy, a joint fusion on…