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Six Companies, Inc. v. The Industrial Commission of Arizona

Supreme Court of Arizona

January 23, 1933

SIX COMPANIES, INC., Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, R. B. SIMS, WILLIAM E. HUNTER and CHARLES HARTMAN, as Members of the Industrial Commission of Arizona, and MIKE RYAN, Respondents

APPEAL by Certiorari from an award of The Industrial Commission of Arizona. Award set aside.

Messrs. Thelin & Marrin, Messrs. Moore & Shimmel and Mr. A. R. Lynch, for Petitioner.

Mr. Burt H. Clingan (Mr. Emil Wachtel, of Counsel), for Respondent Commission.

OPINION

ROSS, C. J.

We think the rule announced in Six Companies, Inc., v. Industrial Commission et al., ante, p. 366,

Page 916

18 P.2d 913, is controlling.

In the present case the employee, Mike Ryan, on January 30, 1932, while working for the Six Companies, Inc., sustained fractures of the fibula of both legs. He was cared for in the company's hospital at Boulder City, Nevada, by the company's doctors until about April 12th, when he was discharged and returned to work for the company at his former wage of $8 per day, or $240 per month. The company's doctors' reports on the date of his resumption of [41 Ariz. 374] work were that he "still has some weakness in left foot" but no permanent disability.

Upon the unverified reports of the company's doctors the commission awarded the employee temporary disability compensation in the sum of $374, which was paid. The commission further found that the employee's injuries also caused a permanent partial disability entitling him to compensation in the sum of $120 monthly for two and one-half months. Upon a rehearing the commission affirmed this award and the company brought the case to this court for review. At the rehearing, the only additional evidence produced was the unverified reports of Drs. A. M. Tuthill and A. C. Kingsley. These reports are as follows:

Dr. Tuthill (June 6th):

"Examination of Mr. Mike Ryan, an employee of Six Companies, Inc., who sustained fractures of both fibula January 30, '32, shows in the right leg double fractures of the right fibula. Both these fractures have united in good position.

"The left leg shows a single fracture of the left fibula; also united in good position.

"In my opinion there will be no permanent disability on account of any of ...


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