Benafield v. Industrial Com'n of Arizona

OPINION

PELANDER, Presiding Judge.

¶ 1 In this statutory special action, petitioner Caryl Benafield challenges the Industrial Commission (the Commission) award finding her industrial injury medically stationary without permanent disability. We set aside the award because the ALJ erroneously precluded petitioner’s treating physician from testifying, based on a misinterpretation of Tsosie v. Industrial Commission, 183 Ariz. 539, 905 P.2d 548 (App.1995).

BACKGROUND

¶ 2 We review the procedural history of this case in some detail because of its relevance to the issues raised. We view the facts in the…