Gates v. Industrial Commission

CAMERON, Chief Justice.

This is a petition for review of an opinion of the Court of Appeals, Division One, in two Industrial Commission matters involving different and successive industrial injuries to the same workman.

We must answer three questions:

1. Was the first injury scheduled or unscheduled?

2. Should All Star Coach v. Industrial Commission, 115 Ariz. 335, 565 P.2d 515 (1977) be applied retroactively?

3. Should the Commission have granted petitioner’s motion to consolidate for the purposes of apportionment?

The facts necessary for a determination of this matter are as follows. Petitioner,…