Hahn v. INDUSTRIAL COM'N OF ARIZONA

252 P.3d 1036, 227 Ariz. 72, 607 Ariz. Adv. Rep. 46, 2011 Ariz. App. LEXIS 62
CourtCourt of Appeals of Arizona
DecidedMay 3, 2011
Docket1 CA-IC 09-0054
StatusPublished
Cited by1 cases

This text of 252 P.3d 1036 (Hahn v. INDUSTRIAL COM'N OF ARIZONA) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hahn v. INDUSTRIAL COM'N OF ARIZONA, 252 P.3d 1036, 227 Ariz. 72, 607 Ariz. Adv. Rep. 46, 2011 Ariz. App. LEXIS 62 (Ark. Ct. App. 2011).

Opinion

252 P.3d 1036 (2011)

William F. HAHN, Petitioner,
v.
The INDUSTRIAL COMMISSION OF ARIZONA, Respondent,
City Of Phoenix, Respondent Employer,
City Of Phoenix c/o Pinnacle Risk Management Svcs., Respondent Carrier.

No. 1 CA-IC 09-0054.

Court of Appeals of Arizona, Division 1, Department E.

May 3, 2011.

*1037 Taylor & Associates, PLLC By Thomas C. Whitley, Phoenix, Attorneys for Petitioner Employee.

Klein, Lundmark, Barberich & La Mont, P.C. By Kirk A. Barberich, Phoenix, Attorneys for Respondent Employer.

Tony Zimbalist, Phoenix, Attorney for Professional Firefighters of Arizona, Amicus Curiae.

OPINION

HALL, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (ICA) decision denying the petitioner's claim for benefits. The petitioner employee, William F. Hahn (Hahn), contends that the Administrative Law Judge (ALJ) misconstrued Arizona Revised Statutes (A.R.S.) section 23-901.01(B) (Supp. 2010) and erroneously concluded that he was not entitled to a statutory presumption that his cancer is an occupational disease. We agree with the ALJ's construction of the statute and conclude that Hahn could not qualify for the presumption without putting forward some evidence that one of the carcinogens to which he was exposed during his hazardous duty was reasonably related to the type of cancer he has developed. Because he failed to do so, we affirm the denial of Hahn's claim.

FACTS AND PROCEDURAL HISTORY

¶ 2 Hahn, age fifty-two, has worked for the City of Phoenix as a firefighter, fire engineer, and fire captain for the last nineteen years. During his employment, Hahn was assigned to hazardous duty for at least five years and was repeatedly exposed to toxins, which he reported to the employer on forty-one occasions. On August 7, 2008, Hahn was diagnosed with colon cancer. Soon thereafter, Hahn submitted a claim for workers' compensation benefits, which the employer denied. Hahn requested a hearing to determine whether his colon cancer was a compensable industrial injury.

¶ 3 At the hearing, the parties disputed the application of A.R.S. § 23-901.01, which defines occupational diseases and provides a statutory presumption that a disease "arise[s] out of employment" if certain provisions are met. After receiving the testimony of Richard D. Gerkin, M.D., and Edmund Ian Leff, M.D., the ALJ concluded that Hahn failed to present any evidence that any *1038 of the carcinogens to which he was exposed was reasonably related to colon cancer and therefore he did not qualify for the statutory presumption.[1] In the absence of the statutory presumption, the ALJ further concluded that "the evidence tends to point to other non-industrial risks as being more predominant such as having a significant family history of rectal and colon cancer, and early discovery of pre-cancerous polyps (mother, sister and brother)." Accordingly, the ALJ denied Hahn's claim for benefits.

¶ 4 Hahn filed a request for review arguing that the ALJ construed A.R.S. § 23-901.01 too narrowly. The ALJ entered a decision upon review affirming her decision. Hahn timely filed this special action to review the ALJ's decision upon review.

JURISDICTION AND STANDARD OF REVIEW

¶ 5 We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(2) (2003), 23-951(A) (1995), and Arizona Rule of Procedure for Special Actions 10. In reviewing ICA awards, we defer to the ALJ's factual findings but review questions of law de novo. Young v. Indus. Comm'n, 204 Ariz. 267, 270, ¶ 14, 63 P.3d 298, 301 (App.2003). Statutory interpretation is a legal issue that we review de novo. State Comp. Fund v. Superior Court (Hauser), 190 Ariz. 371, 374-75, 948 P.2d 499, 502-03 (App.1997). We view the evidence in the light most favorable to upholding the ICA award. Lovitch v. Indus. Comm'n, 202 Ariz. 102, 105, ¶ 16, 41 P.3d 640, 643 (App.2002).

DISCUSSION

¶ 6 As his sole issue on appeal, Hahn contends that the ALJ misconstrued A.R.S. § 23-901.01(B) and argues that he is entitled to the statutory presumption that his colon cancer is an occupational disease.

¶ 7 We liberally construe Arizona's Workers' Compensation Act (the Act) "to effect its purpose of having industry bear its share of the burden of human injury as a cost of doing business." Putz v. Indus. Comm'n, 203 Ariz. 146, 150-51, ¶ 24, 51 P.3d 979, 983-84 (App.2002). A "liberal construction," however, "is not synonymous with a generous interpretation" and we are constrained by the plain language of the Act. Id. (internal quotation omitted). Indeed, "[w]hen determining the meaning of a statute, we look first to the plain language of the statute as the most reliable indicator of its meaning." Nordstrom, Inc. v. Maricopa County, 207 Ariz. 553, 556, ¶ 10, 88 P.3d 1165, 1168 (App. 2004) (internal quotation omitted). "If the statute's language is clear and unambiguous, we give effect to that language and do not apply any other rule of statutory construction." Id.; see also City of Casa Grande v. Ariz. Water Co., 199 Ariz. 547, 554, ¶ 22, 20 P.3d 590, 597 (App.2001). "In interpreting a statute, we are required to read the statute as a whole and give meaningful operation to all of its provisions and ensure an interpretation that does not render meaningless other parts of the statute." Hanson Aggregates Ariz., Inc. v. Rissling Constr. Group, Inc., 212 Ariz. 92, 94, ¶ 6, 127 P.3d 910, 912 (App. 2006).

¶ 8 An employee covered by Arizona's workers' compensation law has a right to receive compensation for a personal injury from any accident arising out of and in the course of employment. Ariz. Const. art. 18, § 8. The Legislature has defined such an injury as including "[a]n occupational disease which is due to causes and conditions characteristic of and peculiar to a particular trade, occupation, process or employment, and not the ordinary diseases to which the general public is exposed, and subject to § 23-901.01." A.R.S. § 23-901(13)(c) (Supp.2010).

¶ 9 The burden is on the claimant to prove by a preponderance of evidence that he is entitled to compensation. Edmiston v. Indus. Comm'n, 92 Ariz. 179, 182, 375 P.2d 377, 380 (1962).

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252 P.3d 1036, 227 Ariz. 72, 607 Ariz. Adv. Rep. 46, 2011 Ariz. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hahn-v-industrial-comn-of-arizona-arizctapp-2011.