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Pollack v. Industrial Commission

Court of Appeals of Arizona, Division One, Department B
Jan 4, 1972
489 P.2d 1246 (Ariz. Ct. App. 1972)

Opinion

No. 1 CA-IC 523.

October 27, 1971. Rehearing Denied November 24, 1971. Review Denied January 4, 1972.

Writ of certiorari to review lawfulness of award of Industrial Commission, Claim No. BG-14580. The Court of Appeals, Haire, J., held that whether claimant had a disability in his right leg and if such existed, whether it was attributable to industrial injury were questions for Commission in proceeding wherein claimant asserted he was entitled to unscheduled compensation benefits instead of schedule award for 15% functional impairment of use of his left arm.

Affirmed.

Cox Cox, by George S. Livermore, Jr., Phoenix, for petitioner.

William C. Wahl, Jr., Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Robert K. Park, Chief Counsel, by Arthur B. Parsons, Phoenix, State Compensation Fund for respondent Employer and respondent Carrier.


On this review by certiorari to an Industrial Commission award the petitioning employee contends that the Commission should have awarded him unscheduled compensation benefits instead of a scheduled award for a 15% functional impairment of the use of his left arm.

We have reviewed the record and find that the evidence was not such as to require a finding by the Commission that petitioner had a disability in his right leg, or that if such disability did exist, that it was attributable to the industrial injury here involved. The Commission is the trier of fact, and this Court will not interfere with its resolution of factual questions supported by competent evidence. Inasmuch as the only residual disability found by the Commission was a functional impairment of the left arm, the award for a scheduled disability was correctly entered. See Arnott v. Industrial Commission, 103 Ariz. 182, 438 P.2d 419 (1968); Merrill v. Industrial Commission, 11 Ariz. App. 564, 466 P.2d 783 (1970).

The award is affirmed.

JACOBSON, P.J., and EUBANK, J., concur.


Summaries of

Pollack v. Industrial Commission

Court of Appeals of Arizona, Division One, Department B
Jan 4, 1972
489 P.2d 1246 (Ariz. Ct. App. 1972)
Case details for

Pollack v. Industrial Commission

Case Details

Full title:Clarence POLLACK, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona…

Court:Court of Appeals of Arizona, Division One, Department B

Date published: Jan 4, 1972

Citations

489 P.2d 1246 (Ariz. Ct. App. 1972)
489 P.2d 1246