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Grim v. Industrial Commission

Supreme Court of Arizona

February 8, 1950

GRIM
v.
INDUSTRIAL COMMISSION et al

Award affirmed.

Rogers & Stone, of Tucson, for applicant.

Donald J. Morgan, Industrial Commission of Arizona, Phoenix, H. S. McCluskey and Robert E. Yount, Phoenix, of counsel, for respondent.

Phelps, Justice. La Prade, C. J., and Udall, Stanford and De Concini, JJ., concur.

OPINION

Phelps, Justice.

[70 Ariz. 2] On March 25, 1946, Ramon Grim, applicant, an employee of Sears, Roebuck & Company, was injured by accident arising out of and in the course of his employment. On April 6, 1946, the employer reported the injury to The Industrial Commission of Arizona.

Applicant shortly thereafter filed a claim with the commission for compensation for the injuries sustained. Examinations by competent medical experts disclosed that applicant had suffered an injury to his right knee joint which lead to the formation of a baker's cyst back of the knee and that the medial meniscus had been torn as a result of the accident. The cyst was removed by surgery and later a further operation was performed to repair the tear of the medial meniscus, both of which operations were reported to be successful.

On March 25, 1947, the commission made its first findings and award, finding that applicant had suffered injuries arising out of and in the course of his employment and that he was entitled to compensation for such disability to March 6, 1947. It further found that applicant then had "no physical disability resulting from said accident" and made its award in conformity therewith giving the usual time within which to apply for a rehearing.

On April 14, 1947, applicant notified the commission that it had been necessary for him to have further medical treatment but no formal application for a rehearing was made.

On October 23, 1948 applicant filed his petition with the commission for readjustment or reopening of his claim. Further examinations were made by medical experts and based upon their reports the commission

Page 893

on December 16, 1948, made its second findings and award that there was no medical evidence to indicate applicant was suffering from any new, additional or previously undisclosed disability attributable to his original injury and affirmed its previous award.

On January 3, 1949, applicant filed his protest of the second award and notified the commission that he would within 20 days file a petition for a rehearing. No such petition, however, was filed but on August 8, 1949, applicant again filed a petition with the commission for a readjustment or reopening of his claim in which he alleged that he had a continuing disability from his original injury and that X-rays, he had [70 Ariz. 3] caused to be taken, showed a back injury causing the disability to his right hip ...


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