Imrich v. Industrial Commission
Cited by
- Hanley v. Industrial Commission 767 P.2d 1193 Ariz. Ct. App. 1989
- Regnier v. Industrial Com'n of Arizona 707 P.2d 333 Ariz. Ct. App. 1985
- Superlite Builders & Insurance Co. of North America v. Industrial Commission 612 P.2d 507 Ariz. Ct. App. 1980
- Heidler v. Industrial Commission 482 P.2d 889 Ariz. Ct. App. 1971
Authorities cited
Identified automatically; this list may not be exhaustive.
- Ujevich v. Inspiration Consolidated Copper Co. 25 P.2d 273
- Williams v. Industrial Commission 202 P.2d 898
- Standard Acc. Ins. Co. v. Industrial Commission 186 P.2d 951
Opinion text
HAIRE, Judge. The petitioner lost one testicle as the result of an industrial injury. Although he suffered no loss of earning capacity because of this injury, he contends that the Industrial Commission should have entered an award granting him compensation under the permanent partial disability provisions of A.R.S. § 23-1044, subsec. C. 1 Inasmuch as there was no evidence of actual loss of earning capacity, the Commission award denying compensation must be affirmed. See Standard Accident Insurance Company v. Industrial Commission, 66 Ariz. 247 , 186 P.2d 951 (1947). Petitioner contends that the scheduled injury provisions of A.R.S. § 23-1044, subsec. B constitute arbitrary classifications unreasonably discriminating against a workman not having such a scheduled injury. By the scheduled injury provisions of subsection B, the legislature has created a conclusive presumption that every loss enumerated therein will cause some permanent loss of earning capacity and has fixed the amount of compensation to be paid therefor. Ujevich v. Inspiration Consolidated Copper Company, 42 Ariz. 276 , 25 P.2d 273 (1933). We do not find such classifications to be arbitrary or unreasonable, or entirely unrelated to possible loss of earning capacity, nor are we concerned with the wisdom of the legislative policy which resulted in establishing such classifications. Williams v. Industrial Commission, 68 Ariz. 147 , 202 P.2d 898 (1949). In any event, even if the scheduled injury classifications of subsection B were subject to a constitutional infirmity, petitioner would not be benefited. He has not demonstrated a loss of earning capacity so as to be entitled to benefits under subsection C, and this Court would have no power to enact by judicial decree another, more generous, formula of compensation benefits encompassing petitioner’s injury. The award is affirmed. EUBANK, P. J., and JACOBSON, J., concur. 1 . This ease was decided under the statutory law as it existed prior to January 1,1969.