D'AMICO v. Industrial Com'n of Arizona

OPINION

JACOBSON, Presiding Judge.

This is a special action review of an Industrial Commission award denying all permanent disability benefits after the petitioner (claimant) failed to make a good faith effort to find suitable work. The issues presented are (1) whether reasonable evidence supports the finding of this failure; and (2) whether a good faith effort is a substantive requirement for permanent disability benefits. Although ample evidence supports the factual finding, we set aside the award, because it is substantively incorrect.

On February 16, 1983, the claimant injured his back at…