Morgan v. Industrial Commission

OPINION

DONOFRIO, Presiding Judge.

This Court is faced with the question of whether to apply the Ronquillo1 presumption. That presumption, which if unrebutted converts a scheduled award into an unscheduled one, indicates that if a prior injury was non-industrially related and would have been classified as a scheduled injury, there is a rebuttable presumption that the prior injury had an effect on the earning capacity of the workman at the time of the second injury.

Prior to his industrial injury on March 3, 1970 petitioner Morgan was employed by Town and Country Chrysler Plymouth primarily as an…