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Urvalejo v. Industrial Commission

Supreme Court of Arizona

April 30, 1951

URVALEJO
v.
INDUSTRIAL COMMISSION et al

Award set aside.

Rosenberg & La Vetter, Tucson, for petitioner.

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

Guynn & Twitty, Phoenix, for respondent-employer.

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

OPINION

Phelps, Justice.

[72 Ariz. 44] This case comes to us on certiorari for the review of an award of the Industrial Commission entered on November 8, 1950, denying further compensation to petitioner.

On May 26, 1948, petitioner was injured by accident arising out of and in the course of his employment as a miner with the Eagle Picher Mining and Smelting Company. The injury sustained by petitioner resulted from falling backwards over an 8 X 8 timber and consisted primarily of a compound fracture of the 9th, 10th and 11th ribs on the right side. The material facts relating to the injury and the various applications for hearing, rehearings and readjustments made by petitioner will be hereinafter set forth.

The commission finally, on November 8, 1950, denied further relief and again affirmed its findings and awards previously made. It is this order that the court is asked to review.

We have consistently adhered to the rule that where there is a conflict in the evidence before the commission, its findings will not be disturbed and that it is our duty in such cases to view the evidence in the most favorable light to sustain the findings and award of the commission. If there is any substantial evidence to support such findings and award it must stand.

Let us see what the evidence discloses in the instant case.

Page 517

Dr. Meade Clyne, physician for the employer, attended petitioner immediately after his injury and he and his associate have at all times since rendered him medical and surgical aid. The petitioner was discharged by Dr. Clyne on the 11th day after the accident and recommended for regular work. Application had been duly made for compensation and on July 16, 1948, the commission made its award terminating compensation on the basis of total temporary disability and for accident benefits. It later developed that the 11th rib had not properly reunited and two operations were required in order to correct this defect, the last of which being performed on February 14, 1949. On the following May 13th petitioner was again released by Dr. Clyne and recommended ready for regular work. On June 20, 1949, a medical board consisting of Doctors Lindsay E. Beaton, Alfred O. Heldobler and Dr. Clyne made a report in which they stated after examination of the petitioner: "It is the opinion of the examiners that in all probability the present disability is not a result of his injury, but the result of extensive hupertrophic changes in the ...


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