Asbestos Engineering & Supply Co. v. Industrial Commission

OPINION

CONTRERAS, Judge.

The dispositive issue presented in this special action — Industrial Commission is whether the administrative law judge erred in finding that the respondent employee (hereafter respondent) met his burden of proving a prior non-industrial injury so as to entitle him to an unscheduled award under A.R.S. § 23-1044(E). 1 We find that the respondent failed to present sufficient evidence and therefore set aside the award.

BACKGROUND

The material facts are as follows. Respondent employee Lloyd D. Cogdill sustained an injury to his left knee on July 17, 1978, while working as a…