Legal Opinion

Komalestewa v. Industrial Commission

Court of Appeals of Arizona

Decided October 20, 2004No. 1 CA-IC 03-0041PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HALL, Judge.

¶ 1 Employee Austin Komalestewa (“Komalestewa”) appeals the decision of the Administrative Law Judge (“ALJ”) finding his claim noncompensable. Komalestewa argues that the ALJ erred by determining that Komalestewa’s intoxication at the time of his injury was a substantial contributing cause of his injury, thus barring his workers’ compensation claim. See Ariz.Rev.Stat. (“A.R.S.”) § 23-1021(C) and (H)(2) (Supp.2003) (providing that a claim is not compensable if the injured worker’s alcohol or substance abuse impairment is a “substantial contributing cause” of the injury,…

2Cases cited25 opinions

  1. Chevron Chemical Co. v. Superior CourtArizona Supreme Court · 1982
  2. Kilpatrick v. Superior CourtArizona Supreme Court · 1970
  3. Goodyear Aircraft Corp. v. Industrial CommissionArizona Supreme Court · 1945
  4. Young v. Industrial CommissionCourt of Appeals of Arizona · 2003
  5. City of Tempe v. Outdoor Systems, Inc.Court of Appeals of Arizona · 2001

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3Cited by2 opinions

  1. Grammatico v. Industrial CommissionArizona Supreme Court · 2005
  2. Komalestewa v. ica/stoneville pedigree/wausau InsArizona Supreme Court · 2005

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