Cramer v. Industrial Commission

JACOBSON, Chief Judge, Division 1.

This appeal, in an Industrial Commission award setting, requires the court to define what is the “open labor market” in determining loss of earning capacity following an industrial injury.

This is the second appeal involving this double amputee workman. In the first appeal, State Compensation Fund v. Cramer, 13 Ariz.App. 103, 474 P.2d 462 (1970), we held that while the injured workman’s injuries, which were compensable under A.R.S. § 23-1C45, subsec. C, were presumed to give rise to a 100% loss of earning capacity, this presumption was rebuttable by proof that…