Legal Opinion · Dissent

Cheatham v. Industrial Commission

Court of Appeals of Arizona

Decided November 4, 1976No. 1 CA-IC 1393Published

1DissentNelson, Judge

I must dissent from the holding of the majority opinion. Viewing the evidence in a light most favorable to upholding the findings of the hearing officer, as we must, Micucci v. Industrial Commission, supra, his findings numbered 9 through 14, above, are absolutely correct. Indeed, his observation in finding number 15, supra, that the testimony of the three doctors is not significantly at variance, is also beyond challenge. When he goes on, however, and states that the non-conflicting medical testimony fails to establish the need for further treatment of Cheatham’s mental problem, he draws a…

2Cases cited2 opinions

  1. Keeton v. Industrial CommissionCourt of Appeals of Arizona · 1976
  2. Lyman v. Industrial CommissionCourt of Appeals of Arizona · 1969

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