Pima County Board of Supervisors v. Industrial Commission

FELDMAN, Justice.

We have accepted review of this case to determine the allocation of the burden of proof in a rearrangement of workers’ compensation benefits under A.R.S. § 23-1044(F)(3). The precise question is whether an insurance carrier seeking rearrangement of an award may satisfy its burden of proof by presenting evidence of changed employment leading to a worker’s possible increased earning capacity, where the worker’s own acts make it impossible to prove the amount of increase. We have accepted review pursuant to Rule 23, Ariz. R.Civ.App.Proc., 17A A.R.S. We have jurisdiction pursuant…