Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Special Fund Division v. The Industrial Commission of Arizona

Court of Appeals of Arizona, First Division

June 21, 2016

SPECIAL FUND DIVISION, Petitioner Party in Interest,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, LA PALMA CORRECTIONAL CENTER, Respondent Employer, NEW HAMPSHIRE INSURANCE/AIG, Respondent Carrier, STEPHANIE L. LANE, Respondent Employee.

         Special Action - Industrial Commission ICA Claim No. 20102-940008 Carrier Claim No. 710-722421 J. Matthew Powell, Administrative Law Judge

          Special Fund Division, Phoenix By Stephen D. Ball Counsel for Petitioner Party in Interest

          Industrial Commission of Arizona, Phoenix By Jason M. Porter Counsel for Respondent

          Jones, Skelton & Hochuli, PLC, Phoenix By Gregory L. Folger, Jennifer B. Anderson Counsel for Respondents Employer and Carrier

          Snow, Carpio & Weekley, PLC, Phoenix By Brian A. Weekley Counsel for Respondent Employee

          Judge John C. Gemmill delivered the opinion of the Court, in which Presiding Judge Andrew W. Gould and Judge Margaret H. Downie joined.

          OPINION

          GEMMILL, Judge

         ¶1 This is an apportionment dispute between respondent employer and carrier (collectively "New Hampshire") and petitioner party in interest, Special Fund Division ("the Special Fund") of the Industrial Commission of Arizona ("ICA"). The Special Fund seeks review of an ICA award and decision upon review granting apportionment.

         ¶2 Before working for employer La Palma Correctional Center, the respondent employee, Stephanie L. Lane, served in the military for several years, completed a tour of duty in Iraq, and thereafter experienced post-traumatic stress disorder, depression, and anxiety. The issue presented is whether her outpatient treatment at a Veterans Administration clinic in Casa Grande ("VA clinic") for preexisting conditions constituted "treatment in a recognized medical or mental institution" within the meaning of Arizona Revised Statutes ("A.R.S.") section 23-1065(C)(3)(n). Applying standard principles of statutory interpretation, we conclude that the statute includes outpatient treatment and is not limited to inpatient treatment. We therefore affirm the award and decision upon review of the administrative law judge ("ALJ").

         BACKGROUND

         ¶3 In October 2010, the employee injured her low back while working in La Palma's warehouse. She filed a worker's compensation claim that was accepted for benefits. Her claim was eventually closed with an unscheduled permanent partial impairment. The ICA then entered its findings and award for a 75.79% loss of earning capacity ("LEC") and permanent disability benefits in the amount of $1, 104.04 per month.[1]

         ¶4 The respondent carrier, New Hampshire, protested the ICA's findings and award, and requested apportionment of the employee's permanent disability benefits based on her "significant preexisting psychiatric disabilities from her military service prior to [her] employment."[2] The ALJ entered an order joining the Special Fund as a party.

         ¶5 A hearing was held to address the issue of apportionment. The employee testified that prior to her industrial injury in 2010, she had received outpatient medical and mental healthcare at the VA clinic. Thereafter, the ALJ entered an award granting apportionment in accordance with A.R.S. ยง 23-1065(C)(4). The Special Fund timely requested administrative review, and the ALJ summarily affirmed the award. The Special Fund now seeks review by this court. This ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.