Perry v. Industrial Commission of Arizona

SHELLEY, Presiding Judge.

This is a special action review of an Industrial Commission award denying reopening of a 1977 claim on the basis of preclusion. We agree that preclusion applies and therefore affirm the award.

Curtis Perry, the petitioner employee (claimant) is a former professional basketball player. In approximately January 1977, while playing for the Phoenix Suns (Suns), the respondent employer, claimant developed severe low back pain and was unable to complete the remainder of the season. He was then twenty-nine years old and had never had back problems before.

Compensability was…