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London v. Industrial Commission

Supreme Court of Arizona

November 14, 1950

LONDON
v.
INDUSTRIAL COMMISSION et al

Award affirmed.

Wade Church, of Phoenix, for petitioner.

Donald J. Morgan and Robert E. Yount, Phoenix, of counsel.

H. S. McCluskey, Phoenix, for respondent Industrial Commission of Arizona.

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

OPINION

Phelps, Justice.

Page 930

[71 Ariz. 113] The petitioner, Joe London, was injured on July 6, 1943, by an accident arising out of and in the course of his employment while working for Del E. Webb Construction Company. Petitioner filed a claim with the commission for compensation within a few days thereafter in which he gave the following information concerning the character of the injury sustained as a result of the accident:

"Q. State fully how the accident occurred and describe the nature and extent of injury. A. By turning over caused by loose dirt. Broke left leg."

At the time the accident occurred petitioner was driving a motor driven vehicle known as a buggymobile. Dr. A. M. Tuthill, the attending physician, reported that petitioner suffered a compound comminuted fracture of the tibia and fibula of the left leg and that the wound extended from the knee to the ankle pulverizing the middle third of the tibia. At the request of petitioner an attempt was made to save the leg but being unable to do so, surgery was performed in 1945 amputating the left leg a little below the knee. Complications arose including inflammation of the marrow of the bones where the surgery was performed. Difficulty was also encountered in procuring a prosthesis which would not irritate the stump of the leg and which could [71 Ariz. 114] be worn with comfort. This difficulty according to the orthopedists attending petitioner made it necessary to perform further surgery in order to get a proper fitting of the prosthesis.

On February 14, 1946, based upon medical and X-ray reports the commission made its finding and award adjudging petitioner

Page 931

to be entitled to accident benefits and compensation for temporary disability from July 7, 1943 through January 25, 1946 in the sum of $ 5,046.72, and for permanent partial disability equal to 100% loss by amputation of the left leg entitling petitioner to the sum of $ 128.70 monthly for a period of 50 months. This latter compensation was converted into a lump sum payment based on its then present value of $ 6,106.82 payable on March 2, ...


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