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Mckinney v. Industrial Commission

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eBook details

  • Title: Mckinney v. Industrial Commission
  • Author : Arizona Supreme Court
  • Release Date : January 18, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Petition for review of an award of the Arizona Industrial Commission. The petitioner, Garrett McKinney, 46 years of age, while in the employ of a service station operator covered by the Workmens Compensation Act, A.C.A.1939, § 56-901 et seq., suffered a sprained left ankle by accident arising out of and in the course of his employment. The injury was recognized as compensable. Subsequent to allowance for temporary disability, the commission found permanent disability to be 35 percent functional loss of the use of the left leg and awarded compensation for a scheduled permanent partial disability for 17 1/2 months at $124.50 per month under the provisions of section 56-957(b) (15) and (21), A.C.A.1939, hereinafter referred to as subdivision (b). Long prior to the injury involved herein, petitioner had when approximately eight years of age lost his right leg in a non-industrial accident. At the time of the injury he was gainfully employed with the use of an artificial limb. It is the position of petitioner that the award should have been calculated as a non-scheduled injury under the provisions of section 56-957(d), the pertinent portion of which is now designated as section 56-957(e), A.C.A. Supp. 1954, Laws 1953, chapter 55, section 1, and which will be hereinafter referred to as subdivision (e). The problem thus presented is which subdivision of said section 56-957 should be used by the commission in calculating the compensation to which petitioner is entitled.


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