Turner v. Industrial Commission
Turner v. Industrial Commission
Opinion of the Court
This is a “heart case.” The award of the Industrial Commission, which petitioner challenges, denied his claim for compensation.
Petitioner, then age 61, suffered a myocardial infarction while he was working at his customary occupation as a “finish blade” operator at a highway intersection construction project on September 4, 1968.
Two physicians testified at the hearing before the Commission. They differed in their views as to whether petitioner’s heart attack and resultant disability could be said to have resulted from his industrial activities. Petitioner asserts that the Commission “arbitrarily” accepted the opinion of the respondent’s medical witness, which was in substance contrary to petitioner’s theory that his work activities materially accelerated the climax of a progressive arteriosclerotic heart condition.
The Commission had the duty of resolving the conflicting expert medical testimony, which duty it performed. It is not for this court to determine the matter anew. A review of the record shows that respondent’s witness was well qualified, and that his testimony was at least as consistent as that of petitioner’s expert witness.
The facts and circumstances of this case differ in various material respects from those in Russell v. Industrial Commission, 98 Ariz. 138, 402 P.2d 561 (1965), Revles v. Industrial Commission, 88 Ariz. 67, 352 P.2d 759 (1960), and Romero v. Industrial Commission, 11 Ariz.App. 5, 461 P.2d 181 (1969), relied upon by petitioner.
Award affirmed.
. We are thus concerned with a claim which arose under the statutory law as it existed prior to January 1,1969.
Reference
- Full Case Name
- Euin TURNER v. INDUSTRIAL COMMISSION of Arizona, Robert L. Helms Construction & Development Company, Employer, State Compensation Fund, Carrier
- Cited By
- 1 case
- Status
- Published