Bernhart v. Industrial Commission

OPINION

FIDEL, Judge

¶ 1 The Industrial Commission of Arizona denied Claimant disability and medical compensation for three claims on the statutory grounds of “wilful self-exposure,” A.R.S. § 23-901.04, and “unreasonable refusal or neglect to submit to or follow any competent or reasonable surgical treatment or medical aid.” A.R.S. § 23-1027. Concluding that the Commission misapplied these statutes, we set its decision aside.

I. History

¶ 2 Claimant worked as a baker from 1961 until 1997, and for Respondent Employer Fry’s since 1974. Exposure to flour dust caused her to develop baker’s asthma.…