Ortega v. Industrial Commission

OPINION

FROEB, Judge.

Petitioner John R. Ortega, who has sustained four hernias during his years of employment with respondent employer Carpet Control, Inc., brings this special action to review the award of the hearing officer that his most recent hernia did not cause any permanent disability.

His arguments are: (1) Since the latest hernia was found to be a class one hernia under A.R.S. § 23-1043, there is a statutory presumption of partial permanent disability, and (2) he has established by evidence a permanent disability attributable to the hernia.

We hold that § 23-1043 creates no statutory…