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Sherwood v. The Industrial Commission of Arizona

Supreme Court of Arizona

June 5, 1939

BILL SHERWOOD, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, and L. C. HOLMES, SAM W. PROCTOR and J. NEY MILES, as Members of the Industrial Commission of Arizona, Respondents

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

Mr. Renz L. Jennings and Mr. Emmett R. Feighner, for Petitioner.

Mr. Howard A. Twitty, for Respondents.

OPINION

Page 260

ROSS, C.J.

This is a proceeding by certiorari to review an award of the Industrial Commission allowing compensation to the petitioner, Bill Sherwood, for an injury he sustained while an employee of the Del [53 Ariz. 519] E. Webb Construction Company, insured in the state compensation fund. He insists the award is inadequate. He was injured May 18, 1938, when a joist 4X6 (and some 26 feet long) fell upon him from a height of about 12 feet, on the third floor of the Capitol Addition then under construction by his employer. The impact was against his left arm and thigh and left thereon abrasions and contusions. The blow knocked him down and in some manner twisted his right knee. He was dizzy and nauseated but did not become unconscious. Right after the accident and as a result thereof he claimed his back and right knee were sprained and that he suffered injury to his left chest wall. His physicians, A. M. Tuthill and Norman A. Ross, sent him to St. Joseph's Hospital for care and rest, where he remained for some ten days. On May 19th he was X-rayed by the Phoenix Pathological Laboratory and the findings were:

"Roentgenographic examination of this patient's chest with special reference to the rib structure on the left side does not show evidence of fracture nor other visible injury to the bone structure."

May 21st the same institution reported:

"Roentgenological Findings: Antero-posterior and lateral views of the right knee show no evidence of injury to the bones of the knee joint."

July 2d it reported:

"Anteroposterior and lateral views of the right knee show no evidence of fracture or dislocation of the bones of the knee joint."

July 6th Dr. A. C. Kingsley, after examining petitioner, reported, in part:

"There are no objective findings and, while this man suffered multiple contusions, none were of a serious nature, and I should feel that time has been sufficient for his recovery. There may be some difficulty convincing [53 Ariz. 520] him of this; however, I believe he can very soon return to work."

On August 3d, Dr. James R. Moore, Assistant Medical Advisor to the Industrial Commission, in his report to the ...


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