Hurley v. Industrial Commission

Petitioner was born in 1924 and had spent most of his adult life working as an automobile mechanic. In January, 1971 petitioner first noticed pains in his shoulder while working for Galloway Motors in Tucson, Arizona, performing automobile electrical work and general mechanic duties. The very nature of this work required him to place his head under the dashboards of automobiles in awkward positions; his general mechanic duties placed continual strain on his neck and back. Petitioner testified that he had never experienced this shoulder pain before. As the pain worsened in his attempts to perform his duties, he sought medical aid from Dr. John W. Cortner, an orthopedic surgeon, approximately two weeks after he first felt the shoulder pain. He was treated by Dr. Cortner and later referred to Dr. Juan E. Fonseca, a neurosurgeon, who performed an interbody fusion to correct the herniated disc condition in March, 1971. Dr. Fonseca testified that the operation was successful but as a natural result of the consequences of the injury and operation the petitioner had a permanent physical disability and his ability to function as an automobile mechanic had been impaired.