7.5.1.2 Nonexclusiveness of the Schedule When Other Body Parts Are Affected

• Jurisdiction: Arizona

. Conversely, if an employee’s industrial accident causes permanently impairing conditions affecting more than a single scheduled member, then the schedule does not determine the award.^[185] “Pain, swelling, or any other impairment to an unscheduled portion of the body, if it affects function at all, transforms a scheduled injury into an unscheduled injury.’’^[186]

Some reported cases have assumed that a shoulder impairment is within the schedule.^[187] This assumption is clearly incorrect if the employee’s arm impairment affects the function of the shoulder.^[188]

By legal definition the “leg extends from where the ball of the femur fits into the socket of the hip to the ankle or foot.’’^[189] If the employee’s permanent impairment is to the leg only, then the impairment is properly classified as scheduled.^[190] If the resulting impairment extends to the hip, however, the impairment must be classified as unscheduled.^[191]

Multiple impairments to the same member resulting from the same accident are properly classified as scheduled.^[192]

Expert medical evidence is necessary to establish the location and industrial origin of an employee’s impairment,^[193] but whether the impairment is “scheduled’’ is a question of law.^[194]

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^[185]E.g., Engle v. Industrial Comm’n, 77 Ariz. 202, 269 P.2d 604 (1954); Ossic v. Verde Central Mines, 46 Ariz. 176, 49 P.2d 396 (1935); Connor Mfg., Inc. v. Industrial Comm’n, 119 Ariz. Adv. Rep. 14, ___ Ariz. ___, ___ P.2d ___ (Ct. App. Aug. 18, 1992); Evans v. Industrial Comm’n, 19 Ariz. App. 90, 505 P.2d 258 (1973); Moore v. Industrial Comm’n, 16 Ariz. App. 284, 492 P.2d 1222 (1972); Torrez v....