Time, D.C. Freight Lines v. Industrial Commission

OPINION

CONTRERAS, Judge.

This is a special action review of an Industrial Commission decision awarding compensation for total temporary disability. One legal issue is presented: Is a carrier entitled to a credit based upon a prior commuted award against any temporary disability compensation available to the claimant upon a subsequent reopening of his claim? We conclude that the carrier is entitled to such credit and therefore set aside the decision and award denying this credit.

The background necessary to this review follows. The original industrial injury claim was closed with a 10 percent…