Miller v. Industrial Commission

OPINION

WINTHROP, Presiding Judge:

¶ 1 This is a special action review of an Industrial Commission of Arizona (“ICA”) award and decision upon review finding the back injury of the petitioner employee, Kevin Miller (“claimant”), medically stationary. The dispositive issue presented is whether the award of the administrative law judge (“ALJ”) adopting the opinion of Edward J. Dohring, M.D., and terminating the claimant’s active medical treatment violated principles of issue or claim preclusion. Because preclusion applies, the ALJ erred by adopting Dr. Dohring’s opinion; accordingly, we set aside…