Smiles v. Industrial Commission

406 P.2d 885, 2 Ariz. App. 167

• Court: Court of Appeals of Arizona
• Decided: October 28, 1965
• Docket: 1 CA-IC 38
• Status: Published

Opinion

STEVENS, Chief Judge.

Petitioner asked a review of an award of permanent partial disability of 8.28 per cent, or $14.05 monthly.

Petitioner suffered a compensable injury to his back 13 August 1956. He was loading a truck with groceries and felt something snap in his low back. His claim was accepted and he was paid medical benefits which included surgery, as well as total partial disability until January 12, 1960, when the Commission determined that his condition had stabilized. He was then awax-ded monthly compensation based on 8.28 per cent permanent partial disability. Subsequently, however, he was awarded additional medical benefits including further surgery; but the Award of 16 April 1964 from which this review is taken, detexmined that petitioner’s condition was then stationary and reinstated monthly compensation based on the 8.28 permanent partial disability.

The issue presented is whether the award of the Commission is supported by the evidence.

We have reviewed the transcripts and the file presented on this review. A conflict existed in the medical testimony as to whether petitioner is totally disabled, or consciously playing the role of invalid. This conflict was resolved by the Commission against the petitioner. This Court will not substitute its opinion for that of the Commission where the Commission has resolved a conflict in medical testimony. Graver Tank & Mfg. Co. v. Industrial Commission, 97 Ariz. 256, 399 P.2d 664 (1965).

The award is affirmed.

CAMERON and DONOFRIO, JJ., concur.