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Martin v. Industrial Commission of Arizona

Supreme Court of Arizona

September 24, 1945

G. I. MARTIN, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, and GOODYEAR AIRCRAFT CORPORATION, ARIZONA DIVISION, Defendant Employer, Respondents

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

Award affirmed.

Mr. D. V. Mulhern and Mr. B. H. Gibbs, for Petitioner.

Mr. H. S. McCluskey, and Mr. David P. Jones of Counsel, for Respondent Industrial Commission. Messrs. Moore, Romley & Roca, for Respondent Employer.

Stanford, C. J. LaPrade and Morgan, JJ., concur.

OPINION

Stanford, C. J.

Petitioner was injured by an accident while employed by the Goodyear Aircraft Corporation, Litchfield Park, Arizona, on December 23, 1943.

[63 Ariz. 274] Petitioner filed his report with the Industrial Commission of Arizona, dated February 12, 1944, showing that his wage was $ 208. Employer's report dated December 2, 1944, showed that the wage was $ 323.94. Following that, on December 30, 1944, the Industrial Commission made a temporary finding that the wage was $ 323.94. On January 2, 1945, the commission made its amended findings and award as follows:

"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 December 23, 1943, which injury caused temporary disability entitling said applicant to compensation therefor in the total sum of $ 397.08, payable forthwith.

"2. That the average monthly wage of the applicant before said injury was $ 323.94.

"3. That said injury caused also a permanent partial disability which is scheduled under subsection b of Section 56-957, Arizona Code Annotated, 1939. Said permanent partial disability is equal to 75% loss of hearing in the left ear and entitles said applicant to compensation therefor in the sum of $ 161.97 monthly, for a period of 15 months.

"Award

"Award is hereby made payable to said applicant by the above-named defendant insurance ...


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