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Koch v. Industrial Commission of Arizona

Supreme Court of Arizona

June 12, 1950

KOCH
v.
INDUSTRIAL COMMISSION OF ARIZONA et al

Award affirmed.

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

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

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

OPINION

Stanford, Justice.

[70 Ariz. 284] On March 17, 1945, petitioner filed with The Industrial Commission of Arizona his claim for compensation for injuries received while employed by the Railway Express Agency at Phoenix, Arizona. Petitioner was working then as express handler. The injury was sustained on August 29, 1945, while freight was being passed to petitioner from a box car and petitioner stepped off the baggage truck falling on his left coccyx bone, and a trunk fell off striking him on the right leg.

Petitioner was released by a physician and returned to work on August 31, 1945. On March 17, 1947, petitioner filed with the Industrial Commission his petition and application for readjustment or reopening of claim in which petition he alleged:

"That I am requesting a final examination of my back inasmuch as I never had a final medical examination, and my back has continued to give me trouble at times, especially when doing physical labor. I am requesting that the same consulting board review this case when they examine me, as requested by Dr. Drane, relative to my foot injury of August 2, 1946."

On March 19, 1947, a medical board consisting of Drs. J. M. Greer, James A. Moore and J. E. Drane, examined the petitioner. In part that board stated:

"This man was seen in consultation with reference to two injuries, the first being an injury to the back sustained August 29, 1945. Mr. Koch states that on that date he slipped and fell over backwards onto the concrete. The records indicate that he was discharged after a few treatments as cured on September 26, 1945. He states that he has continued to have some soreness in the back, particularly after hard, strenuous work. The second accident occurred August 2, 1946, on which date he states that a 450-pound weight struck him a glancing blow on top of his right foot. He states that the force of the blow was such that his heel burst the seams of his shoe in back. X-rays

Page 774

which were made failed to reveal any evidence of fracture or bone injury. * * *

"* * * The chest is of the emphysematous type. The breath sounds were distant and indistinct but no rales were heard. In this connection he states that he has had bronchial asthma for many years, * * *.

"* * * While there are complaints referred to the back and much milder complaints to the right foot, there apparently is no working disability as Mr. Koch is ...


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