§ 11.2.5.2 Contested Awards.

• Jurisdiction: Arizona

§ 11.2.5.2 Contested Awards.

n.70 See also A.J. Bayless v. Indus. Comm'n, 179 Ariz. 434, 880 P.2d 654 (Ct. App. 1993). After hearings on a protested termination of a claim, an ALJ accepted medical evidence that claimant had no lower back pathology and also rejected the claimant's credibility. Claimant subsequently petitioned to reopen for worsened symptoms, and pending hearings on reopening, had lower back surgery. Another ALJ accepted medical evidence that claimant had a lower back abnormality related to the industrial injury and also found claimant credible. The court affirmed the award reopening the claim, concluding that issue preclusion (1) did not apply to the issue of causation because the first ALJ did not reach this issue; and (2) did not apply to the issue of credibility because the prior determination that claimant lacked credibility was unnecessary to the first award.

n.71 See also...