11.4.1 General Principles

• Jurisdiction: Arizona

. Preclusion is an affirmative defense that must be timely asserted or it is waived.^[142] If compensability has been accepted for one condition and treatment is then provided for an allegedly related other condition, an employer or carrier is not precluded from subsequently denying liability for the other condition.^[143] Similarly, a notice authorizing supportive care does not preclude a subsequent denial that the condition for which supportive care was provided is industrially related.^[144]

In successive injury cases, if both injuries occurred while working for the same employer, the prior closure is final even if different carriers are liable for the injuries.^[145] The court of appeals has split, however, concerning whether a prior closure...