Legal Opinion · Concurrence

Smith v. Industrial Commission

Court of Appeals of Arizona

Decided June 2, 1976No. 1 CA-IC 1309Published

1ConcurrenceWren, Judge

(specially concurring).

While I concur with the result reached by the majority opinion that the award should be set aside, I disagree with its attack on Rule 13d and the AMA Guides for the reasons stated in my dissenting opinion in Adams v. Industrial Commission, supra. The problem here, however, goes much deeper than Adams, and entails additional discussion, in that this opinion delves into what is stated to be a conflict as to disabling pain between the Guides and the case law expressed in Matthews v. Industrial Commission, supra; Ward v. Industrial Commission, supra; Mahan v. Industrial…

2Cases cited2 opinions

  1. Strong v. Industrial CommissionCourt of Appeals of Arizona · 1970
  2. Russell v. Industrial CommissionCourt of Appeals of Arizona · 1969

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