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Michin v. Arundel Corporation

Supreme Court of Arizona

May 10, 1948

MICHIN
v.
ARUNDEL CORPORATION et al

Appeal by certiorari from Industrial Commission.

Proceeding for disability compensation under the Arizona Occupational Disease Disability Law by Tom M. Michin against the Arundel Corporation, L. E. Dixon, Merrill E. Dixon and Richard E. Dixon, the Arundel Corporation, & L. E. Dixon Company, and the Industrial Commission of Arizona, insurance carrier. To review an order of the commission, petitioner brings certiorari.

Award affirmed.

Theodore G. McKesson, Thomas P. Riordan, James D. McKesson and Carl W. Divelbiss, all of Phoenix, for petitioner.

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

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

OPINION

Stanford, Chief Justice.

[67 Ariz. 174] This matter comes before us for review on an application for a writ of certiorari based upon the Arizona Occupational Disease Disability Law, having reference in particular to the disease of silicosis.

On July 29, 1945, petitioner became totally disabled for work by reason of said disease. It is admitted by all parties that he comes within the law of our state in reference to being entitled to compensation because of the time and place of disability.

Page 446

After a hearing the Industrial Commission of Arizona, on January 23, 1946, made an award to the petitioner for a total disability, the award including medical benefits not to exceed $ 500 and compensation from the date of the disability in the aggregate sum of $ 2760. The last payment under the award was made on September 18, 1947, and there still remains approximately $ 143 unused out of the award for medical benefits.

Petitioner, on October 10, 1947, made an application to reopen the award for further compensation benefits on the grounds that he was still disabled. The record shows that there is no question about the total disability of the petitioner.

On October 16, 1947, the Commission entered its order denying the application for additional benefits. On October 31, 1947, the petitioner filed an application for a rehearing and to reopen said award and to adjust compensation, which application was denied on November 5, 1947.

The disputed question between the parties to this action is predicated on the interpretation of the Occupational Disease Disability Law, the Commission contending that the maximum amount of compensation allowable to petitioner as of July 29, 1945, the date when he became totally disabled, is the sum of the award, namely $ 2670, and the ...


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