Noble v. Industrial Com'n of Arizona

683 P.2d 1173, 140 Ariz. 571, 1984 Ariz. App. LEXIS 483
CourtCourt of Appeals of Arizona
DecidedApril 24, 1984
Docket1 CA-IC 3045
StatusPublished
Cited by10 cases

This text of 683 P.2d 1173 (Noble 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
Noble v. Industrial Com'n of Arizona, 683 P.2d 1173, 140 Ariz. 571, 1984 Ariz. App. LEXIS 483 (Ark. Ct. App. 1984).

Opinion

OPINION

GREER, Judge.

Two issues are presented in this appeal by the petitioner claimant: First, whether the Industrial Commission’s entry of an award for a compensable claim precludes a subsequent denial of liability for a certain injury, under the doctrine of res judicata; second, whether the Administrative Law Judge erred in evaluating the evidence. We hold that res judicata did not preclude the denial of liability in this case, and that the judge did not err in evaluating the evidence, and therefore affirm.

On November 25, 1981, the claimant, a truck driver, was sleeping in the sleeper unit of a semi-trailer, when the driver hit a tire in the road and lost control of the truck. The truck ran into a ditch and the claimant was jostled around the cab. Claimant suffered a back injury, along with various scrapes and bruises. The following day, claimant came under the care of Dr. Gear, a chiropractor.

On February 7, 1982, the claimant suffered a cerebral hemorrhage, and underwent surgery the following day.

On May 12, 1982, claimant filled out a report of his injury and made a claim for workmen’s compensation. 1 He reported his injury as “fractured vertebra in spine, bruises on head & arms & sides & hips.” He made no mention of a claim for the cerebral hemorrhage. Following the claim, the Industrial Commission wrote to the claimant’s doctors, including those who treated his cerebral hemorrhage, requesting them to submit bills to be included in the payment of petitioner’s award.

On June 21, 1982, the Industrial Commission issued its Findings and Award For Compensable Claim. The award stated, in part:

1. That the above named applicant sustained a personal injury by accident arising out of and in the course of his employment with the above named defendant employer on November 25, 1981, and such injury is hereby found compensable.
*573 NOW, THEREFORE, IT IS ORDERED that the defendant employer is liable to the special fund for medical, surgical, hospital and compensation benefits as may be determined by the Commission.

The award further required any party who disagreed with it to request a hearing within 90 days. Neither party requested a hearing.

In the summer of 1982, the claimant contacted the Industrial Commission seeking a change of doctor, for the purposes of receiving better care and obtaining a scalp plate to protect the area previously operated on after the cerebral hemorrhage. In response, the Industrial Commission arranged a consultation with the Southwest Disability Evaluation Center. After the consultation, on September 21, 1982, the group wrote to the Industrial Commission, stating, in part:

The intracerebral hemorrhage, which occurred in February 1982, appears from the review of the records, to have been caused by rupture of an arteriovenous malformation in the right temporal area. It is difficult to see the relationship of this to the industrial injury of November 1981.

On October 6, 1982, the Industrial Commission paid all of petitioner’s medical bills. The following day, an Industrial Commission interoffice memo noted, “[w]e should be denying the intracerebral hemorrhage as indicated by group consultation ...” On October 19, 1982, the Industrial Commission sent letters to the medical personnel who had treated the hemorrhage, stating that their bills had been paid in error and requesting reimbursement.

On November 3, 1982, the Industrial Commission entered a Record of Commission’s Action denying liability for the intra-cerebral hemorrhage condition. Claimant timely protested on the ground that res judicata precluded the Industrial Commission from denying liability. Prior to the hearings, claimant’s counsel requested the A.L.J. to restrict the hearing to the jurisdictional issue. The A.L.J. informed claimant’s counsel that the payment of medical benefits does not preclude a subsequent determination that a certain injury is not causally related to the industrial injury, Whitley v. Industrial Commission, 15 Ariz.App. 476, 489 P.2d 734 (1971), and that hearings would be held on the merits of the causation issue.

At the hearings, Dr. Gear testified that the hemorrhage was related to claimant’s industrial accident, due to stress-related elevated blood pressure levels. However, Dr. Gear also admitted that he only took claimant’s blood pressure once, the day after the accident, and that the blood pressure reading was normal. Dr. Kelley, one of the group consultants, and a neurosurgeon, testified that the hemorrhage was not causally related to the accident; it was due to an arteriovenous malformation, which is a cogenital condition. Dr. Kelley also testified that the only way to diagnose elevated blood pressure is from a blood pressure reading, and not from demeanor or behavior.

On April 26, 1983, the hearing judge issued his Decision Upon Hearing and Findings. The judge affirmed the order denying liability, finding that Dr. Gear’s opinion was not supported by medical findings, that Dr. Kelley was more persuasive, and that the hemorrhage “was not caused, aggravated or precipitated by the subject industrial episode.” The decision was affirmed on review, on June 22, 1983.

On appeal, claimant argues that because the 90-day protest period passed without complaint from the Special Fund, the Commission’s entry of its initial award for a compensable claim precluded the later decision denying liability for the hemorrhage, under the doctrine of res judicata. He reasons that the initial award must determine that all his injuries were caused by the industrial accident, because entry of an award which does not decide this medical causation is meaningless. Respondents argue that the initial award determines only whether the injury arose out of the employment, and not whether the injury was caused by the accident. Respondents cite the initial award’s language, “benefits as *574 may be determined by the Commission,” to support their argument.

Res judicata is concerned with issues previously litigated or issues which could have been litigated. Fed Mart v. Industrial Commission, 135 Ariz. 533, 662 P.2d 1040 (App.1982). The doctrine binds the same parties standing in the same capacity in subsequent litigation as to issues which would have been decided in the prior litigation. Vance v. Vance, 124 Ariz. 1, 601 P.2d 605 (1979). Although it is by no means clear that respondents’ above-quoted language supports their position, it is clear that the initial award could not have determined the issue of causation with which we are concerned in this case.

A finding of compensability requires proof by the claimant that he has sustained an injury which is causally related to the industrial incident. A.R.S. § 23-1021

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Bluebook (online)
683 P.2d 1173, 140 Ariz. 571, 1984 Ariz. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-v-industrial-comn-of-arizona-arizctapp-1984.