Bowser v. Pulice/Argonaut - Memorandum Decision - Arizona Court of Appeals - March 4, 2025

Facts:

Roger Bowser, a foreman, sustained a facial injury in 2002 while working, resulting in dental damage and temporomandibular disorder (TMD).

He received dental benefits for 20 years, including root canals, crowns, and retainers.

In 2022, his jaw self-corrected, but he was advised to continue treatment to maintain stability.

Argonaut Insurance stopped his benefits in October 2022, leading Bowser to request a hearing to determine his entitlement to continued treatment.

Issue(s):

1. Whether Bowser’s injury was medically stationary.

2. Whether Bowser had a permanent impairment.

3. What supportive care Bowser needed.

Holding:

The Administrative Law Judge (ALJ) concluded that Bowser’s injury was medically stationary, he was not permanently impaired, and further treatment was unrelated to the industrial injury.

The Arizona Court of Appeals affirmed this decision, finding sufficient evidence to support the ALJ’s conclusions.

Key Takeaways:

• The ALJ found Dr. Kootman’s testimony more credible than Dr. Tipton’s, concluding Bowser did not need further treatment related to the industrial injury.

• The court emphasized that an applicant must prove entitlement to continued benefits and upheld the ALJ’s decision if it is reasonably supported by evidence.

• The decision highlights the importance of credible expert testimony in workers’ compensation cases.

Read Full Decision: 1 CA-IC 23-0033 Bowser v. Pulice Argonaut.pdf