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eBook details

• Title: Rodgers v. Industrial Commission
• Author : Arizona Supreme Court
• Release Date : January 29, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The question before this Court is not the Commissions finding of an additional 4 per cent functional loss of the use of the right hand. The petitioner, rather, contends that the additional injury to his right hand, being a second successive "scheduled" injury, was required to be treated by the Commission as "unscheduled" under A.R.S. § 23-1044, subsec. C, thereby necessitating benefits being awarded in accordance with the petitioners factually determined actual loss of earning capacity instead of in accordance with the fixed schedule of benefits set forth in A.R.S. § 23-1044, subsec. B. Conversely, the respondents contend that when the combined result of the first and second injuries produces a disability which is still encompassed within a specifically scheduled classification of A.R.S. § 23-1044, subsec. B, the second successive scheduled injury must be treated as scheduled. We agree with the petitioner.

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