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Lewis v. Industrial Commission

Supreme Court of Arizona

October 21, 1946

LEWIS
v.
INDUSTRIAL COMMISSION et al

Certiorari from Industrial Commission.

Proceeding under the Workmen's Compensation Law by H. G. Lewis, employee, opposed by the Aluminum Company of America, employer, acting for and on behalf of defense plant corporation Phoenix Works, Hedrick-Beck-Bate, contractors, and AEtna Casualty and Surety Company, insurance carrier. From an award of the Industrial Commission of Arizona, Ray Gilbert and others, as members thereof, H. G. Lewis appeals by certiorari.

Award affirmed.

Z. Simpson Cox, of Phoenix, for petitioner.

John R. Franks, of Phoenix (H. S. McClusky, of Phoenix, of counsel), for respondent Commission.

Guynn & Twitty, of Phoenix, for respondent employer.

Morgan, Judge. Stanford, C. J., and LaPrade, J., concurring.

OPINION

Morgan, Judge.

[65 Ariz. 32] Petitioner, on May 24, 1943, sustained an injury while employed as a bricklayer for respondent Aluminum Company of America which was insured against liability under the Workmen's Compensation Law, Code 1939, § 56-901 et seq., by respondent AEtna Cas. and Surety Co.

The accident resulted from the fall of a fellow workman carrying a 2x12 plank which struck the petitioner on the left side of his back with considerable force, causing an abrasion six inches in length "with swelling and tenderness extending down back of left thigh." X-rays taken on the day of the accident disclosed no fracture, bone injury nor tearing of the tendons or tissues. On June 2 additional films were taken. The pictures taken on these dates showed that petitioner had a rather old and well developed case of arthritis existing in two forms, an osteo or hypertrophic arthritis and rheumatoid arthritis. Prior to the accident he had never suffered any ill or observable effects from either type of the existing arthritis. He was 44 years of age, and had been engaged as a bricklayer for many years. Petitioner returned to work and was engaged in some light occupation for about six weeks. Following the injury he suffered from pain and was finally unable to perform any labor, and because of his condition has not been gainfully employed since July 19, 1943.

The petitioner was examined by a number of medical specialists and various reports were submitted to the commission. On September 20, 1943, the commission entered its order directing payment of benefits for temporary total disability to June 20, 1944. The petitioner returned to his home in Texas, and was examined by two [65 Ariz. 33] physicians there. He returned to Arizona in June, 1944, and was again examined by a board of three physicians, one of whom was selected by himself. On July 22, the commission awarded petitioner compensation for temporary partial disability for a period not to exceed 60 months subsequent to June 20, 1944.

Respondent insurance carrier protested the award and after hearing, the commission's finding was that petitioner had no disability resulting from the accident after June 19, 1944, and set aside its award of July 22. From the decision upon rehearing, petitioner has appealed to this court.

The sole question for consideration on this appeal is whether the evidence is of such a ...


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