Stewart v. Industrial Commission

OPINION

SULT, Judge.

This is a special action review of an Arizona Industrial Commission decision upon hearing and review denying James Stewart’s (“Claimant”) petition to reopen because he failed to prove that he requires active care.

FACTS AND PROCEDURAL HISTORY

In September 1986, when Claimant was thirty years old, he injured his lower back in a compensable industrial accident. Surgeries resulted in fusions at L4-5 in April 1989 and in January 1991. After the second surgery, Claimant continued to complain of back and leg pain. Dr. Rand, who became the treating physician in January 1992,…