Komalestewa v. Industrial Commission

99 P.3d 26, 209 Ariz. 211, 437 Ariz. Adv. Rep. 26, 2004 Ariz. App. LEXIS 154
CourtCourt of Appeals of Arizona
DecidedOctober 20, 2004
DocketNo. 1 CA-IC 03-0041
StatusPublished
Cited by2 cases

This text of 99 P.3d 26 (Komalestewa v. Industrial Commission) 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
Komalestewa v. Industrial Commission, 99 P.3d 26, 209 Ariz. 211, 437 Ariz. Adv. Rep. 26, 2004 Ariz. App. LEXIS 154 (Ark. Ct. App. 2004).

Opinion

OPINION

HALL, Judge.

¶ 1 Employee Austin Komalestewa (“Komalestewa”) appeals the decision of the Administrative Law Judge (“ALJ”) finding his claim noncompensable. Komalestewa argues that the ALJ erred by determining that Komalestewa’s intoxication at the time of his injury was a substantial contributing cause of his injury, thus barring his workers’ compensation claim. See Ariz.Rev.Stat. (“A.R.S.”) § 23-1021(C) and (H)(2) (Supp.2003) (providing that a claim is not compensable if the injured worker’s alcohol or substance abuse impairment is a “substantial contributing cause” of the injury, defined as “anything more than a slight contributing cause”). Relying on Grammatico v. Indus. Comm’n, 208 Ariz. 10, 90 P.3d 211 (App.2004), Komalestewa also argues that, in any event, A.R.S. § 23-1021(C) violates Article 18, Section 8, of the Arizona Constitution by depriving workers of compensation for injuries “caused in whole, or in part, or ... contributed to” by [213]*213necessary employment risks or dangers.1 We conclude that Article 18, Section 8 does not prohibit the Legislature from differentiating between necessary and unnecessary employment risks, and making a legislative determination that an employee whose intoxication contributed to his injury did not suffer an injury “arising out of ... employment.” A.R.S. § 23-1021(C). Because reasonable evidence supports the ALJ’s finding that Komalestewa’s intoxication was “more than a slight contributing cause” of the injury, we affirm the award.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On the morning of November 7, 2001, Komalestewa was working at Stoneville Pedigree Seed (“Employer”) tending to a convey- or belt. When the belt “bogged down,” he crawled under the belt to put pressure on the drum. His right arm became caught in the belt resulting in serious injury. Komalestewa was flown to the Maricopa Medical Center emergency room, where he was treated and hospitalized for two months. He has not worked since the incident.

¶ 3 Wausau Insurance Companies (“Carrier”) issued a notice of claim status denying the claim. Komalestewa protested the Carrier’s denial and the case proceeded to formal hearings before the ALJ.

¶ 4 The ALJ heard testimony from Komal-estewa and his wife, Employer’s site manager (Lynn Adams) and Komalestewa’s coworker (Stanley Kisko). Mrs. Komalestewa testified that on the night before the injury, she went to sleep before Komalestewa arrived home. The couple awoke at 5:00 a.m., and Komalestewa dropped her off at her place of employment on his way to work. Mrs. Komalestewa testified that her husband did not appear to be either inebriated or hung over that morning, nor did she smell alcohol on him when she kissed him goodbye.

¶ 5 Like Mrs. Komalestewa, Adams testified that he did not notice that Komalestewa was intoxicated when Adams spoke to him briefly at 8:00 a.m. on the day of the accident. Kisko testified that he saw no signs Komalestewa had been drinking or was hung over the morning of the accident. However, Komalestewa admitted that on the night pri- or to his injury he went home, ate, and had four drinks with vodka.

¶ 6 During a subsequent hearing, the ALJ heard testimony from Mary Richard, a registered nurse, and William Collier, a forensic scientist and toxicologist. Richard, on behalf of the Carrier, interviewed Komalestewa in the hospital approximately one week after the injury. Richard reviewed notes from the emergency transport team that indicated Ko-malestewa had alcohol on his breath at the time of his transport to the hospital. Richard testified that there was “documentation in the record that [Komalestewa] had tremors under anesthesia,” was treated for “DTs” (detoxification tremors), and had his blood drawn at 9:36 a.m.

¶ 7 On behalf of the Carrier, Collier testified that based on the blood tests taken the day of the accident, he calculated Komaleste-wa’s blood-alcohol content level (“BAC”) to have been at least 0.176 at the time of the accident. Collier also testified that at that level, Komalestewa would have “significant ... critical judgment impairment, muscular incoordination ... considerably longer reaction time, ... and made the wrong choices in a panic situation.” Based on his experience, Collier opined that Komalestewa’s level of intoxication at the time of the injury was a significant contributing factor to the accident.

¶ 8 Following the hearings, the ALJ initially issued a decision concluding that Komales-tewa had sustained a compensable injury. The Carrier and Employer filed a request for review. In his subsequent decision upon review, the ALJ discounted the testimony of both Adams and Kisko, applied A.R.S. § 23-1021(C), and concluded that the claim was noncompensable because Komalestewa’s intoxication had substantially contributed to the accident. Komalestewa filed a timely [214]*214petition for special action review with this court. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(2) (2003) and 23-951(A) (1995).

STANDARD OF REVIEW

¶ 9 We deferentially review an ALJ’s factual findings, but we independently review his legal conclusions. Young v. Indus. Comm’n, 204 Ariz. 267, 270, ¶ 14, 63 P.3d 298, 301 (App.2003). The constitutionality of a statute is reviewed de novo, beginning with the strong presumption that the statute is constitutional. See, e.g., Lapare v. Indus. Comm’n, 154 Ariz. 318, 321, 742 P.2d 819, 822 (App.1987). Komalestewa, as the party challenging the constitutionality of § 23-1021(C) and (H)(2), bears the burden of overcoming this presumption. Id. We will declare these statutes unconstitutional only if we are satisfied beyond a reasonable doubt that they conflict with Article 18, Section 8, of our constitution. See Chevron Chem. Co. v. Superior Court, 131 Ariz. 431, 438, 641 P.2d 1275, 1282 (1982).

DISCUSSION

I. Application of A.R.S. § 23-1023(C)

¶ 10 We address first the ALJ’s determination that Komalestewa’s consumption of alcohol was a substantial contributing cause of his injury. See City of Tempe v. Outdoor Sys., Inc., 201 Ariz. 106, 109, ¶ 7, 32 P.3d 31, 34 (App.2001) (explaining judicial policy is to avoid addressing constitutional issues unless absolutely necessary to resolve a case). Komalestewa argues that the ALJ erred by determining that Komalestewa’s use of alcohol rendered his claim noncompensable pursuant to A.R.S. § 23-1021(C).

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Related

Grammatico v. Industrial Commission
117 P.3d 786 (Arizona Supreme Court, 2005)

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Bluebook (online)
99 P.3d 26, 209 Ariz. 211, 437 Ariz. Adv. Rep. 26, 2004 Ariz. App. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/komalestewa-v-industrial-commission-arizctapp-2004.