Legal Opinion

Grower's Pump, Inc. v. Industrial Commission

Court of Appeals of Arizona

Decided October 22, 1985No. 1 CA-IC 3313Published

1Opinion of the Court

OPINION

CONTRERAS, Judge.

This is a special action review of an Industrial Commission award for unscheduled permanent partial disability which was based on the judicial decisions of Langbell and Espey.1 The issue presented is whether Langbell and Espey were legis*431latively overruled by the enactment of A.R.S. § 23-1044(H) which was added to our Workers’ Compensation Law in 1980. We conclude that A.R.S. § 23-1044(H) has overruled Langbell and Espey and that the Industrial Commission cannot grant an unscheduled disability when the evidence clearly demonstrates that the claimant has sustained a…

2Cases cited5 opinions

  1. Hunter v. Industrial Commission of ArizonaCourt of Appeals of Arizona · 1981
  2. Dutra v. Industrial Com'n of ArizonaArizona Supreme Court · 1983
  3. Langbell v. Industrial CommissionArizona Supreme Court · 1974
  4. Espey v. Industrial CommissionCourt of Appeals of Arizona · 1978
  5. Gomez v. INDUSTRIAL COM'N OF ARIZONACourt of Appeals of Arizona · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API