ARS 23-1044(E) Example Case
In Rodgers v. Industrial Commission, 109 Ariz. 216, 508 P.2d 46 (1973), the petitioner suffered an industrial injury to his right hand and was awarded scheduled benefits. 109 Ariz. at 217, 508 P.2d at 47.
In a subsequent industrial accident, the petitioner suffered another injury to his right hand and received an additional scheduled award. Id.
On review, our supreme court held that when successive, scheduled injuries are received in separate accidents, they should be compensated as unscheduled. Id. at 217-18, 508 P.2d at 47-48.
In Rodgers, the supreme court based its decision on 23-1044(E), which provides:
In case there is a previous disability, as the loss of one eye, one hand, one foot or otherwise, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
The supreme court reasoned that "when the entire effect of the successive injuries results in disabilities which do not come within one of the scheduled classifications, there is no way that the resulting disability can be classified as scheduled and still give meaning and effect to 23-1044(E)." Id.