Elmer Shelton Concrete Contractor, Inc. v. Industrial Commission

EUBANK, Presiding Judge.

The only issue presented in this Special Action — Industrial Commission is succinctly stated as follows in the petitioners’ opening brief:

Did the Industrial Commission err as a matter of law when it found that a scheduled injury should be compensated as unscheduled due solely to a prior [unscheduled] industrial injury which caused a 10% general functional disability, but no loss of earning capacity?

We agree with petitioners that the Commission’s hearing officer did err and, therefore, set aside the award.

On July 20, 1965, the respondent employee, Cecil Fisher,…