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Beutler v. Industrial Commission

Supreme Court of Arizona

March 15, 1948

BEUTLER
v.
INDUSTRIAL COMMISSION et al

Appeal by Certiorari from Industrial Commission.

Proceeding under the Workmen's Compensation Act by B. L. Beutler, claimant, for further compensation for new and additional disability caused by injuries for which claimant had received compensation, opposed by J. H. Forsyth, employer. To review an award of the Industrial Commission denying further compensation, claimant brings certiorari.

Award affirmed.

W. H. Chester, of Phoenix, for petitioner.

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

Stanford, Chief Justice. La Prade and Udall, JJ., concur.

OPINION

Stanford, Chief Justice.

By proceedings on certiorari we are asked to review an award of the Industrial Commission denying further compensation to applicant, B. L. Beutler, for claimed new and additional disability due to an injury which he had received.

The record shows that the applicant was injured by reason of an accident which occurred September 26, 1944, while he was working for J. H. Forsyth carrying cross braces up the stairway of Whittier School to the attic of same. Applicant claimed that his leg went numb while he was climbing the attic stairs and the end of the braces hit the top of the door casing, "wrenching or pulling me backwards and I was in bed two and a half days."

Page 919

A hearing was had on this claim at which time evidence was taken and medical examination made, and compensation was allowed for temporary total disability, together with accident benefits, and on the 23rd day of October, 1945, the Commission made an award in favor of the applicant, and, at applicant's request, commuted the amount thereof to a lump sum and paid the [67 Ariz. 73] same in the sum of $ 1283.22. No steps were taken to have this award reviewed and it has long since become final.

However, further examination was given the applicant on his petition of August 20, 1946, seeking a readjustment, or reopening, of the old award wherein he alleged "I am suffering new and additional disability due to the injury which I sustained on September 26, 1944, and I am unable to work due to such disability".

The medical board, after examination, rendered the following:

"Comments: From our examination and consideration of this case, we are of the opinion that there is no new and additional disability over and above that found and recorded on September 28, 1946, except that with advancing years, his myocardial degeneration has apparently increased to some extent. This, ...


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