Smith v. Industrial Commission

OPINION

LANKFORD, Judge.

This is a special action review of an Industrial Commission award for a permanent partial disability, a loss of earning capacity, and a denial of apportionment. The Administrative Law Judge (“ALJ”) found that the petitioner employee had sustained a 26.62% loss of earning capacity, and he denied the respondent State Compensation Fund’s request for apportionment of the permanent partial disability benefits. We lack jurisdiction and therefore dismiss the petition for special action.

The employee was injured while employed as a corrections officer by the Arizona Department…