Legal Opinion · Dissent

Prigosin v. Industrial Commission

Court of Appeals of Arizona

Decided May 6, 1975No. 1 CA-IC 1098Published

1DissentWren, Judge

In my opinion this decision constitutes a usurpation of the function of the Industrial Commission. The court has ruled that the Commission, in determining whether to allow a lump sum commutation, must consider factors other than those which would make the petitioner more productive or would generate more income. Yet the opinion refers to no law requiring consideration of any such additional factors. Moreover, as I read the findings of the Commission, its inquiry was not restricted to Rule 22(b). And even if it had been so restricted, I do not interpret that rule as changing in any way the…

2Cases cited1 opinion

  1. Esmeier v. Industrial CommissionCourt of Appeals of Arizona · 1969

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