Amenya v. Mentor/AIU - Memorandum Decision - Arizona Court of Appeals - March 11, 2025
- Christopher S. Norton, Esq.
- Mar 18
- 1 min read
Updated: Mar 20

Facts: Belinda Amenya, an assisted living caregiver, was attacked by a resident on January 1, 2023, resulting in injuries to her neck, shoulder, and arm. She reported the incident the next day and received treatment. Six months later, AIU Insurance Co. closed her claim with no permanent impairment. Amenya challenged the closure, leading to a hearing by the Industrial Commission of Arizona (ICA). Two orthopedic surgeons, Dr. Collins and Dr. Farber, provided conflicting testimonies regarding the nature and extent of her shoulder injury.
Issue(s): Whether Amenya's shoulder condition was stationary and whether it was related to the January 2023 work injury, entitling her to continued benefits.
Holding: The Arizona Court of Appeals affirmed the ICA's decision to close Amenya's claim without permanent impairment, supporting the Administrative Law Judge's (ALJ) conclusion that Dr. Farber's opinions were more probably correct and well-founded.
Key Takeaways:
The ALJ is responsible for resolving conflicts in medical opinion evidence and may choose the medical opinion best accounting for the evidence presented.
The injured worker bears the burden of proof to show that the condition has not become stationary.
A condition is considered stationary when it reaches maximum medical improvement, meaning no further medical treatment is indicated to improve the condition.
The court will affirm the ALJ's findings if any reasonable theory of the evidence supports them and will not reweigh evidence.
Read Full Decision: 1 CA-IC 24-0039 Amenya v. Mentor-AIU.pdf
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