PFS v. Industrial Com'n of Arizona

OPINION

FIDEL, Presiding Judge.

A disabling industrial injury that would ordinarily be scheduled is unscheduled under Arizona law if the worker already suffers, at the time of injury, from a permanent earning capacity disability. See Ariz.Rev. Stat. Ann. (“A.R.S.”) § 23-1044(E) (1995); Ronquillo v. Industrial Comm’n, 107 Ariz. 542, 543-44, 490 P.2d 423, 424-25 (1971). Further, if a prior Arizona industrial injury resulted in a scheduled award, resulting earning capacity disability is conclusively presumed. Ronquillo, 107 Ariz. at 543^44, 490 P.2d at 424-25. We now consider whether this…