Kwietkauski v. Industrial Commission

OPINION

GEMMILL, Judge.

¶ 1 May a workers’ compensation insurance carrier suspend a claimant employee’s benefits under Arizona Revised Statutes (“A.R.S.”) section 23-1026(0) (2012)1 for obstructing an independent medical examination (“IME”) because the claimant asserted, at the start of the IME, an intention to tape record the examination? We conclude as a matter of law that a workers’ compensation claimant who expresses an intention to record an IME, in the absence of any prior communication about recording, has not committed a “wrongful act” constituting obstruction of the IME under A.R.S. §…