Dutton v. Industrial Com'n of Arizona

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award reclosing a claim. The issue is whether a determination of the claimant’s lost earning capacity was correct. The administrative law judge concluded that the prior final award, which was based on a stipulated earning capacity, was conclusive. Because the administrative law judge failed to make a finding concerning whether the stipulation was based on a mutual mistake of fact, we set aside the award.

The claimant injured his lower back in 1979 while working as a landscaper. After disc surgery, the injury…