[85 Ariz. 151] Robert E. Yount and Fenton J. McDonough, Scottsdale, for petitioner.
Frances M. Long, Phoenix, for respondent. John R. Franks, Donald J. Morgan, Robert K. Park and James D. Lester, Phoenix, of counsel.
UDALL, Chief Justice.
Review by certiorari of an award by The Industrial Commission of Arizona, denying petitioner Howard Warner additional compensation.
Petitioner (a man aged fifty-one years), on September 18, 1953, admittedly sustained an injury (insuginal right hernia--acute lumbar sacral strain) by an accident arising out of and in the course of his employment as a painter with Peter Brothers. The latter were insured in the State Fund.
The Commission promptly assumed jurisdiction and found the claim to be compensable. Eventually the doctors reported there was a 10% physical functional disability as a result of the injury, and the Commission, finding that petitioner had suffered a 29.48% loss of earning capacity, awarded him compensation for an unscheduled permanent partial disability in the sum of $63.90 per month, to continue until further order of the Commission. No appeal was taken from this award, and between date of injury and December 29, 1955 there was paid to petitioner a total of $3,782.02 in compensation, plus accident benefits totalling $2,194.50.
Petitioner repeatedly sought to have his case reopened and the compensation increased--with a continuation of accident benefits--this because of claimed inability to obtain and retain gainful employment due to constant severe pains in his back and neck. Two formal rehearings were granted and evidence taken. It was recognized that expert medical testimony was
essential, hence medical advisory boards [85 Ariz. 152] were appointed by the Commission to examine claimant and review the record. In all sixteen doctors participated in the processing of this claim. The consensus of their opinion was that there was no causal connection between his present inability to work and the original injury of September 18, 1953.
This medical testimony formed the basis for the Commission's finding of September 20, 1956, viz.:
'2. That there is insufficient medical evidence to indicate that said applicant is suffering any new, additional or previous undiscovered disability attributable to said injury of September 18, 1953, * * *.' (Emphasis supplied.)
The award reads:
'Award is hereby made affirming the award of December 29, 1955; and that applicant take nothing by reason of his Petition and Application for Readjustment or Reopening of Claim.'
This award was reaffirmed January 8, 1957. Writ of certiorari was then granted.
The only issue in this case is whether or not the above finding is reasonably ...