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Special Fund Division v. Industrial Commission of Arizona - 4/18/2013

Arizona Court of Appeals Division One Holds that Congenital Condition Does Not Qualify as Amputation for Purposes of Disability Apportionment.

An injured worker seeking disability benefits had a pre-existing congenital condition of her hands known as syndactyly.  An administrative law judge held that the Special Fund must reimburse part of the cost of the claim under A.R.S. § 23-1065(C)(3)(e), reasoning that the worker's syndactyly qualifies as an amputated hand.  On special action review the Court of Appeals set aside the award, holding that syndactyly is not an “amputation” because it is a congenital condition, rather than a procedure that involves cutting off or removal of fingers or hands. 

Judge Gemmill authored the opinion.  Judges Thompson and Winthrop concurred.

Posted by: Eric Fraser

Posted On: 4/29/2013