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American Smelting and Refining Company, a Corp. v. Industrial Commission of Arizona

Supreme Court of Arizona

March 9, 1942

AMERICAN SMELTING AND REFINING COMPANY, a Corporation, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, and L. C. HOLMES, LYNN LOCKHART and E. T. HOUSTON, Commissioners and Members Thereof, and CHARLES C. MOSS, Respondents

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

Mr. Ben C. Hill, for Petitioner.

Mr. Rouland W. Hill and Mr. Howard A. Twitty, for Respondent Commission.

Mr. Charles C. Moss, in Propria Persona.

OPINION

[59 Ariz. 88] LOCKWOOD, C.J.

This matter comes before us on certiorari from an award of The Industrial Commission of Arizona, called the commission, granting compensation to one Charles C. Moss, petitioner, for an injury resulting from an accident arising out of and in the due course of his employment by American Smelting and Refining Company, a corporation, respondent.

The admitted facts show the following situation: Petitioner was working for respondent in a mine near Patagonia, Arizona, and on July 12, 1940, while in the performance of his duties as a miner, a large amount of rock and muck accidentally fell upon his shoulders, neck and back, bruising the shoulders and neck and causing a gash in the back of the right hand which required several stitches to close. Immediately after the accident a report was made thereof, showing the foregoing facts, and petitioner was treated by Dr. W. L. Minear, remaining away from work for four days. He then worked until July 29, when he laid off until August 5, when he resumed his work, but by August 7 found the pain to the back of his neck and shoulders so great that he could not continue. He was then treated by Dr. Z. B. Noon until about August 17 or 18 when, according to petitioner, his left arm suddenly became paralyzed. His condition continued to grow worse until at the time of the hearing before the [59 Ariz. 89] comission his left shoulder and arm were practically paralyzed.

Page 164

The commission, on May 7, 1941, made the following findings and award:

"FINDINGS

"1. That the above-named applicant, while employed in the State of Arizona by the above-named defendant employer who was insured against liability for compensation under said law by the above-named defendant insurance carrier, sustained an injury by accident arising out of and in the course of his said employment on July 12, 1940, which injury caused temporary disability entitling said applicant to compensation therefor in the total sum of $818.55 of which $812.70 has been paid.

"2. Said injury also caused a permanent partial disability consisting of 25% of a total permanent disability entitling said applicant to compensation therefor in the sum of $16.45 monthly during the life of the applicant.

"3. That it appears to the best interests of said applicant that said compensation for permanent partial disability be commuted to its fair present value ...


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