Appeal by certiorari from Industrial Commission.
Workmen's compensation proceeding for further compensation for injuries by J. B. Gibson, employee, opposed by Salt River Valley Water Users' Association, employer. From an award of the Industrial Commission of Arizona, J. J. O'Neill and others, members of and constituting the commission, denying further compensation, petitioner appeals by certiorari.
Award set aside.
Cox, Lockwood & Lockwood and L. J. Cox, Jr., all of Phoenix, and Ira Schneier, of Tucson, for petitioner.
H. S. McCluskey of Phoenix (Robert E. Yount, of Phoenix, of counsel), for respondents, Industrial Commission of Arizona.
Phelps, Justice. Udall, Stanford, and DeConcini, JJ., and J. Mercer Johnson, Superior Judge, concurring.NOTE: Chief Justice LaPRADE did not participate. The Honorable J. MERCER JOHNSON, Judge of the Superior Court of Pima County, was called to sit in his stead.
[68 Ariz. 315] On December 10, 1945, J. B. Gibson, hereinafter referred to as petitioner, was employed by the Salt River Valley Water Users' Association and on said date was seriously injured by reason of an accident arising out of and in the course of his employment.
On December 26, 1945, petitioner made application to The Industrial Commission of Arizona (hereinafter referred to as the Commission) for compensation under the Workmen's Compensation Law. A.C.A.1939, § 56-901 et seq.
On September 29, 1947, petitioner was examined by two members of the medical staff of the Commissioner who reported, in so far as the same is material here, that:
"Mr. Gibson complains of pains about the left shoulder which extend up the left side of the neck and of stiffness in his shoulder and neck after he lies in one position for any length of time. He states that the pain seems to start lower down in the chest over what he terms the 12th rib, although he points to about the level of the 8th rib on the right side of the chest. He also complains of some pains about the right shoulder blade on motions of the right arm.
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"Straight leg raising can be carried out to 70 degrees but with complaint of pain referred to the ...