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Davidson v. Industrial Commission

Supreme Court of Arizona

October 1, 1951

DAVIDSON
v.
INDUSTRIAL COMMISSION et al

Award affirmed.

Leonard S. Sharman, Phoenix, for petitioner.

Robert E. Yount and Donald J. Morgan, Phoenix, for respondents.

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

OPINION

Udall, Chief Justice.

[72 Ariz. 315] Petitioner, G. O. Davidson, while in the employ of the Arizona Sand and Rock Company as a truck driver, was injured by an accident arising out of and in the course of his employment on December 14, 1943, and as a result thereof, sustained a permanent partial disability.

The Industrial Commission of Arizona was the insurance carrier. The commission assumed jurisdiction of the case and petitioner, over a period of years, was awarded compensation for total or partial temporary disability aggregating $ 15,674.73, in addition to which he was allowed accident benefits and vocational rehabilitation training.

The principal injury suffered by the 41-year-old petitioner was to his lower back. This is a nonscheduled disability, falling under the "odd lot" provisions of Sec. 56-957, subsections (c) and (d), A.C.A.1939. Upon recommendation of one of the doctors a spinal fusion across the lumbosacral joint was performed on April 24, 1946, but it was not until March 8, 1948 that petitioner's physical condition became stationary.

Page 1008

To allow time for determining his earning capacity the commission deferred making a permanent award until March 15, [72 Ariz. 316] 1950, when it found that as a result of his permanent partial disability petitioner had sustained a 25% loss of earning capacity thus entitling him to compensation in the sum of $ 43.10 monthly. Petition for rehearing was timely filed and granted, and on August 4, 1950, the previous award was reaffirmed.

By certiorari the matter is now before us for review. The principal assignment of error is that the evidence of record does not substantiate the commission's finding that petitioner sustained only a 25% loss of earning capacity. It is petitioner's further contention that the only reasonable inference deducible from all of the evidence is that he sustained a total loss of earning power and was therefore entitled to an award of 55% of the average monthly wage earned prior to the accident.

It is our view that no good purpose would be served by making a detailed analysis of the various steps taken by the doctors and the commission to restore the petitioner to good health and to rehabilitate him. Suffice it to say that from the voluminous record before us, covering a period of six or seven years, it clearly appears that the best medical care was furnished him (in all, he was treated or examined by some eighteen eminent doctors). The Medical Advisory Board, on March 8, 1948, unanimously stated:

"We are of the opinion that radiographically the lumbosacral fusion is solid. We therefore would not recommend further examination or treatments, and believe that the patient can now be discharged ...


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