Legal Opinion

Lee v. Industrial Commission

Court of Appeals of Arizona

Decided April 29, 1993No. 1 CA-IC 91-0209Published

1Opinion of the Court

OPINION

O’MELIA, Judge**.

This is a special action review of an Industrial Commission award denying a change of physician under Ariz.Rev.Stat. Ann. (“A.R.S.”) § 23-1070(E) (1983). The sole issue on appeal is whether A.R.S. § 23-1071(B) applies to self-insured employers who have complied with the requirements of A.R.S. § 23-1070. We hold that A.R.S. § 23-1070 is exclusive and A.R.S. § 23-1071(B) does not apply. Employees of self-insured employers that fall within the purview of A.R.S. § 23-1070 do not have the right to change physicians upon the written consent of the attending physician.…

2Cases cited5 opinions

  1. Arizona Public Service Co. v. Industrial CommissionCourt of Appeals of Arizona · 1976
  2. Kennecott Copper Corp. v. Industrial CommissionCourt of Appeals of Arizona · 1977
  3. Yanochik v. Industrial Commission of ArizonaCourt of Appeals of Arizona · 1974
  4. Scottsdale Memorial Hospital v. Industrial CommissionCourt of Appeals of Arizona · 1988
  5. Mountain Shadows Resort Hotel v. Industrial CommissionCourt of Appeals of Arizona · 1985

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