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Bunn v. UPS/LM - Memorandum Decision - Arizona Court of Appeals - February 25, 2025

  • Writer: Christopher S. Norton, Esq.
    Christopher S. Norton, Esq.
  • Feb 25
  • 1 min read



Facts:

Brenda Bunn, a loader for UPS, was injured on April 7, 2023, when a heavy box pinned her shoulder. She continued to work but later experienced worsening pain and sought medical treatment. Bunn filed a workers' compensation claim, which was denied by UPS and LM Insurance Corp. She requested a hearing to challenge the denial. The Administrative Law Judge (ALJ) found inconsistencies in Bunn's testimony and concluded that her injury was not compensable.


Issue(s):

Whether Bunn's injury was compensable under workers' compensation law, requiring a causal link between the workplace incident and her injury.

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Holding: The Arizona Court of Appeals affirmed the ALJ's decision, finding that Bunn did not provide sufficient medical evidence to establish that her injury was caused by the workplace incident.


Key Takeaways:

  1. To receive workers' compensation, an employee must prove that the injury arose out of and in the course of employment.

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  2. Expert medical testimony is required to establish causation when the injury is not apparent to a layperson.

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  3. The ALJ has discretion to resolve conflicts in evidence and make reasonable inferences.

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  4. Equivocal or speculative medical testimony is insufficient to support a workers' compensation claim.

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  5. The court will uphold the ALJ's findings if supported by any reasonable theory of the evidence.

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