Universal Roofers v. Industrial Commission
In Universal Roofers v. Industrial Commission, 187 Ariz. 620, 931 P.2d 1130 (App. 1996), the claimant had a preexisting impairment from diabetes and a preexisting back injury. Id. at 621, 931 P.2d at 1131.
He then suffered an industrial injury to his leg, which was compensated as an unscheduled injury. Id.
The carrier sought apportionment under 23-1065(C) on the ground that when a claimant is given an unscheduled award, his injuries are necessarily "not of the type specified in 23-1044(B)." Id. at 622, 931 P.2d at 1132.
The Court rejected the argument, holding "that the words 'an additional permanent impairment not of the type specified in 23-1044, subsection B' in section 23-1065(C) refer to the nature of the impairment, not to the nature of the disability compensation." Id.
Because the injury to the claimant's leg was specified in 23-1044(B), the court found that apportionment was not available. Id.