Martinez v. Industrial Com'n of Arizona

OPINION

JONES, Vice Chief Justice.

¶ 1 This case involves a “mixed risk” workers’ compensation claim that is predicated on claimant’s gradual injury. Two issues are presented:

1. May a court of appeals’ opinion which this court depublished because, although it agreed with the result, it did not agree with the analysis, constitute the law of the case in subsequent proceedings?

2. What is the proper measure of legal causation in a gradual injury “mixed risk” claim?

We have jurisdiction pursuant to Ariz. Const, art. VI, § 5(3), and A.R.S. § 12-120.24.

FACTS AND PROCEDURAL BACKGROUND

¶2 In 1988,…