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Standard Acc. Ins. Co. v. Industrial Commission of Arizona

Supreme Court of Arizona

November 17, 1947

STANDARD ACC. INS. CO.
v.
INDUSTRIAL COMMISSION OF ARIZONA et al

Appeal from Industrial Commission of Arizona.

Proceeding under the Workmen's Compensation Act by Everett W. Heath, claimant, opposed by the Standard Accident Insurance Company, insurance carrier, to recover compensation for temporary total disability and for permanent partial disability. To review an award of compensation, made by the Industrial Commission of the State of Arizona, Ray Gilbert and others, members of the commission, the insurance carrier appeals by certiorari.

Award set aside.

Gust, Rosenfeld, Divelbess, Robinette & Linton and James C. Engdahl, all of Phoenix, for petitioner.

H. S. McCluskey, of Phoenix (Robert E. Yount, of Phoenix, of counsel), for respondent.

LaPrade, Justice. Stanford, C. J., and Udall, J., concur.

OPINION

LaPrade, Justice.

[66 Ariz. 248] Everett W. Heath, petitioner, received an award of compensation under Workmen's Compensation Act, section 56-901 et seq., A.C.A.1939, against Standard Accident Insurance Company as insurance carrier for Lawrence Warehouse Company, the employer of Heath at the time he was injured. The award was for accident benefits, compensation for temporary total disability, and "Compensation for permanent partial disability in the sum of $ 19.74 monthly, until further order of this Commission, * * *." Petitioner asked for a rehearing on the award granting compensation for permanent partial disability, which was denied, and the matter is brought before us in the usual manner.

The claimant Everett W. Heath was accidentally injured on July 8, 1946, while engaged in his duties as a clerical worker for his employer. At the time of injury

Page 952

claimant and several other men were moving a table. A corner of the table hit the claimant in the groin causing the left testicle to atrophy within a few weeks. On December 5, 1946, a board of four physicians confirmed the earlier diagnosis of atrophy, stating that they were of the opinion that no additional treatments were required; that the employee could safely continue his usual occupation; and that "There has been no permanent, general, physical, functional disability resulting from the accident in question."

The claimant filed an application for a rehearing asserting that he was permanently disabled so that his earning capacity was greatly reduced because of the accident. The application was granted and a board of five physicians was appointed to examine him. This board confirmed the report of the first medical board as to the atrophied condition of the testicle and in addition reported that they were of the opinion "that there is total disability of the left testicle due to its complete loss of function and that this can be attributed to the injury sustained in the accident of July 8, 1946." This board made no finding [66 Ariz. 249] that the employee had suffered any physical disability that would preclude him from following his usual occupation. After receipt of this report the Commission made its findings and award. Among the findings were the following:

"That the average monthly wage of said applicant for the thirty days immediately prior to said personal injury was ...


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