Jani King of Phoenix v. The Industrial Commission of Arizona, 110719 AZAPP1, 1 CA-IC 18-0074

Docket Nº:1 CA-IC 18-0074
Opinion Judge:THUMMA, JUDGE
Party Name:JANI KING OF PHOENIX, Petitioner Employer, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, LIBERTY MUTUAL INSURANCE COMPANY, Petitioner Carrier, GILDARDO RIOS, Respondent Employee.
Attorney:Lundmark Barberich La Mont & Slavin PC, Phoenix By Lisa M La Mont, Danielle S Vukonich Counsel for Petitioners Employer and Carrier Industrial Commission of Arizona, Phoenix By Gaetano J Testini Counsel for Respondent Law Offices of Robert E Wisniewski, Phoenix By Robert E Wisniewski Counsel for ...
Judge Panel:Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge Jennifer M. Perkins and Judge Paul J. McMurdie joined.
Case Date:November 07, 2019
Court:Court of Appeals of Arizona
 
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JANI KING OF PHOENIX, Petitioner Employer,

LIBERTY MUTUAL INSURANCE COMPANY, Petitioner Carrier,

v.

THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent,

GILDARDO RIOS, Respondent Employee.

No. 1 CA-IC 18-0074

Court of Appeals of Arizona, First Division

November 7, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Special Action - Industrial Commission ICA Claim No. 20131-830010 Carrier Claim No. WC608-A34965 Layna Taylor, Administrative Law Judge

Lundmark Barberich La Mont & Slavin PC, Phoenix By Lisa M La Mont, Danielle S Vukonich Counsel for Petitioners Employer and Carrier

Industrial Commission of Arizona, Phoenix By Gaetano J Testini Counsel for Respondent

Law Offices of Robert E Wisniewski, Phoenix By Robert E Wisniewski Counsel for Respondent Employee

Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge Jennifer M. Perkins and Judge Paul J. McMurdie joined.

MEMORANDUM DECISION

THUMMA, JUDGE

¶1 This is a special action review of an Industrial Commission of Arizona (ICA) Award providing claimant Gildardo Rios a monthly benefit of $663.29 for a psychiatric impairment attributable to an industrial injury. Employer Jani King of Phoenix and insurance carrier Liberty Mutual Insurance Company argue the Award should be set aside because it is based on "a theory of the evidence that is unsupported by any rational interpretation of the facts." Applying a stipulation by the parties, however, the Award is supported by sufficient evidence and is affirmed.

FACTS AND PROCEDURAL HISTORY

¶2 Rios is a franchise holder of Jani-King International, Inc., operating as Jani King of Phoenix, an office-cleaning business. In 2012, he was injured when his car was hit from behind while he was driving between cleaning jobs. Having had a prior worker's compensation claim, he petitioned the ICA, and his claim was reopened. The 2012 industrial injury was Rios' third accident since 1998. The second accident, which occurred in 2007, was also a work-related car accident that resulted in a back injury. He had back surgery for that injury and was rated with a 15 percent permanent impairment. In the 2012 incident, Rios suffered a further back injury. As a result of that injury, his physicians diagnosed him with a depressive disorder, and he received treatment for depression. In 2015, the 2012 claim was closed with a five percent whole person permanent psychiatric impairment and no loss of earning capacity.

¶3 This special action concerns Rios' claim...

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