Legal Opinion

Aguiar v. INDUSTRIAL COM'N OF ARIZONA

Court of Appeals of Arizona

Decided April 12, 1990No. 1 CA-IC 88-122PublishedCited by 3 opinions

1Opinion of the Court

OPINION

FIDEL, Judge.

The Industrial Commission denied a widow’s claim for benefits on the basis of a cardiologist’s opinion that the deceased employee’s myocardial infarction and cardiac arrest were unrelated to his work. We conclude upon appeal that the cardiologist’s testimony was invalid because it was grounded in the premise that ordinary labor cannot cause heart attacks, a premise that our legislature has rejected in A.R.S. § 23-1043.01(A).

FACTS

Pablo Aguiar, a 58-year old farm worker, died on September 26, 1986, after a sudden onset of chest pain while harvest ing lettuce for Power…

2Cases cited9 opinions

  1. Sloss v. Industrial CommissionArizona Supreme Court · 1978
  2. Phelps Dodge Corporation v. CabargaArizona Supreme Court · 1955
  3. Archer v. Industrial CommissionCourt of Appeals of Arizona · 1980
  4. State v. DykesCourt of Appeals of Arizona · 1990
  5. Desert Insulations, Inc. v. Industrial CommissionCourt of Appeals of Arizona · 1982

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3Cited by3 opinions

  1. Walden Books Co. v. Arizona Department of RevenueCourt of Appeals of Arizona · 2000
  2. Department of Corrections v. Industrial CommissionCourt of Appeals of Arizona · 1995
  3. Estate of Plemons v. Industrial CommissionCourt of Appeals of Arizona · 1990

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