Fry's Food Stores v. Industrial Commission

OPINION

GARBARINO, Judge.

JURISDICTION

This is a special action review of an industrial commission award denying apportionment under both the occupational disease and the industrial injury apportionment statutes. See Ariz.Rev.Stat.Ann. (“A.R.S.”) sections 23-901.05, -1044(E), The Administrative Law Judge concluded that apportionment under both statutes requires a preexisting earning capacity dis*579ability and that although respondent employee (claimant) had a preexisting impairment, it was not earning capacity disabling before the April, 1986, industrial “injury.” After a timely request for review…