Gomez V. Industrial Commission

We have accepted review of this case to end any confusion over the reach of our decision in Dutra v. Industrial Commission, 135 Ariz. 59, 659 P.2d 18 (1983). A worker with a rated 30 percent permanent partial loss of use of his left leg claims that our holding in Dutra entitles him to benefits for a scheduled 100 percent disability because he can no longer perform his prior employment. He received an award based on the 30 percent disablement. The court of appeals affirmed, 148 Ariz. 575, 716 P.2d 32. We granted review pursuant to Rule 23, Ariz.R.Civ.App.Proc., 17A A.R.S. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.