Dutton v. INDUSTRIAL COM'N OF ARIZONA

OPINION

HAIRE, Presiding Judge.

In this review of an Industrial Commission award denying a reopening, the precise issue is whether it is a defense to reopening that an industrially related con dition and subsequent nonindustrial activity combined to cause a new injury. Because we find that under the facts of this case it is not a defense, the award is set aside.

In a compensable industrial injury in April 1979, the petitioner (claimant) herniated a disc at L4-5. His treating neurosurgeon, Philip Carter, M.D., performed a mi-crodiscectomy and subsequently discharged the claimant with a 10%…