Rosarita Mexican Foods v. Industrial Commission

OPINION

TIMMER, Judge.

¶ 1 We must decide in this special action whether the administrative law judge (“ALJ”) erred by continuing benefits to claimant Francisco Tapia and awarding him further diagnostic testing without proof that his condition was medically non-stationary. For the reasons that follow, we hold that the ALJ did not err in awarding diagnostic testing but incorrectly continued other benefits to Tapia. We therefore set aside the award.

FACTUAL AND PROCEDURAL HISTORY

¶2 Tapia, a cook employed by Rosarita Mexican Foods, injured his back at work while lifting boxes of vegetables in June,…