PFS v. Indus. Com'n
In PFS v. Indus. Com'n., 191 Ariz. 274, 277, 955 P.2d 30, 33 (App. 1997), the employee had previously suffered an industrial injury to his knee in Oregon, but there was no evidence of an Oregon award determining the fact or degree of disability. 191 Ariz. at 276, 955 P.2d at 32.
The issue of comity never arose due to the absence of an out-of-state award, and this court proceeded to analyze the out-of-state industrial injury as a non-industrial injury. Id. at 278, 955 P.2d at 34.
Prior non-industrial injuries, except those of great magnitude that would have been scheduled under Arizona law had they been industrial, are rebuttably presumed to have caused a permanent loss of earning capacity. Alsbrooks, 118 Ariz. at 483, 578 P.2d at 162; Pullins v. Indus. Com'n., 132 Ariz. 292, 295, 645 P.2d 807, 810 (1982).
Accordingly, the Court in PFS applied a rebuttable presumption to an out-of-state injury that would have been scheduled in Arizona but did not result in a proven out-of-state award. 191 Ariz. at 278, 955 P.2d at 34.