Miller v. INDUSTRIAL COM'N OF ARIZONA

OPINION

HAIRE, Judge.

The issue in this workmen’s compensation case, as framed by petitioner Fred Miller, Jr., is whether the preexisting condition of being black, illiterate, and of marginal intelligence is an earning capacity disability that will convert a scheduled 10% impairment of the leg into an unscheduled disability.

Petitioner injured his right leg in a compensable accident while employed by Anadite, Inc., respondent employer. Surgery was performed on petitioner’s right knee and his benefits were eventually terminated by the carrier with a scheduled disability award for a 10% impairment…