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Reinartz v. Industrial Commission

Supreme Court of Arizona

December 8, 1947

REINARTZ
v.
INDUSTRIAL COMMISSION et al

Appeal by Certiorari from an Award of Industrial Commission of Arizona.

Proceeding under the Workmen's Compensation Act by Arnold J. Reinartz, claimant, opposed by Shell Oil Company, Inc., employer. From award of the Industrial Commission denying claimant recovery, claimant appeals by certiorari.

Affirmed.

Norman S. Herring, of Douglas, for petitioner.

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

Stanford, Chief Justice. LaPrade and Udall, JJ., concur.

OPINION

Stanford, Chief Justice.

This is a workman's compensation case coming to us by certiorari. Petitioner was injured by an accident arising out of and in the course of his employment with the Shell Oil Company, on January 15, 1945, at Douglas, Arizona. While he was unloading a barrel of solvent from the rear of a truck, petitioner lost his balance and fell from the truck to the pavement. By reason of the fall, petitioner sustained an injury causing him to be unconscious for some time.

In April of the same year, because of severe pains in the back and headaches, petitioner consulted a doctor at Douglas, Arizona.

On June 11th of that year petitioner applied to the Industrial Commission of Arizona for compensation, and received compensation until November 14, 1945, [66 Ariz. 271] when he was directed by the Commission to return to light work.

The records show that through an order of the Industrial Commission made on July 13, 1945, petitioner was paid the compensation referred to, but it was for time lost from work subsequent to May 3, 1945. The order also included medical benefits.

Prior to February 1, 1946, petitioner had been examined by the following named doctors: Drs. Guy B. Atonna, R. Lee Foster, James R. Moore, Stanford F. Hartman, Leslie B. Smith. and T. A. Hartgraves. Dr. Hartman is an orthopedic specialist of Phoenix, and Dr. Hartgraves is an X-ray specialist of the same place.

On February 1, 1946, petitioner was examined by Drs. Stanford F. Hartman, J. M. Greer, George A. Williamson, Leslie B. Smith, and James R. Moore, and on May 1st, 1946, and again on May 7th of that year, he was examined by Dr. O. L. Bendheim, a neurological and psychiatric specialist.

We find that petitioner had requested that Dr. J. Lytton-Smith be called in to examine him, and that on April 30th, 1946, Drs. J. Lytton-Smith, George A. Williamson, J. M. Greer, Leslie B. Smith, and James R. Moore examined the petitioner. On May 28th, following that examination, the Commission made and entered its amended findings and award to the effect that "the medical evidence reflects that applicant has no physical disability ...


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