Borsh v. Industrial Commission of Arizona

CAMERON, Justice.

We granted Joseph A. Borsh’s petition for review of a decision and opinion of the Court of Appeals, Division One, affirming the Industrial Commission’s award of scheduled benefits under A.R.S. § 23-1044(B)(21). We have jurisdiction pursuant to A.R.S. § 12-120.24, Rule 23, Arizona Rules of Civil Appellate Procedure, 17A A.R.S., and Rule 8(b), Rules of Procedure for Special Actions, 17A A.R.S.

We must answer the following questions on appeal:

1. Was there a presumption that petitioner’s previous non-industrially related physical disability was an earning capacity disability which…