Gutierrez v. Industrial Commission

STEVENS, Judge.

The basic issue is whether The Industrial Commission erred in failing to award compensation to an injured workman who sustained a 20 percent general physical functional disability and thereafter returned to his former employment at higher wages. It is the contention of the petitioner that notwithstanding these facts he could no longer compete for similar employment on the open labor market.

At the time of the petitioner’s injury in an industrial incident on 13 December, 1965, he was an employee of the Arizona Highway Department classified as a truck driver. At that time his…