Mejia v. Industrial Commission

OPINION

DRUKE, J.

¶ 1 In this statutory special action, petitioner Jose Mejia challenges the administrative law judge’s (ALJ) award that A.R.S. § 23-1031 suspended Mejia’s right to receive temporary total disability compensation benefits while he was incarcerated. Based on Aranda v. Industrial Commission, 198 Ariz. 467, 11 P.3d 1006 (2000), and the record before us, we set aside the award.

¶ 2 We view the evidence in the light most favorable to sustaining the ALJ’s award. Rent A Center v. Industrial Comm’n, 191 Ariz. 406, 956 P.2d 533 (App.1998). In May 1995, Mejia injured the big toe on his…