Santos v. AZ MINI - Memo Decision - Court of Appeals Div. 1 - January 9, 2025

Facts:

In October 2017, Jose Santos was injured while working as a diesel mechanic/maintenance technician for Az Mini Mix Concrete of Mesa.

A large, heavy object hit Santos in the head, causing post-concussive syndrome.

His workers' compensation claim was accepted, and he received treatment for chronic migraine management until the end of 2020.

In July 2021, Benchmark Insurance closed the claim without permanent impairment.

Santos challenged the closure, but his claim was denied.

In September 2022, Santos petitioned to reopen his claim, but an administrative law judge (ALJ) denied the petition, concluding that Santos did not prove a new, additional, or previously undiscovered condition.

Santos appealed the decision.

Issue(s):

1. Did Santos establish a new, additional, or previously undiscovered condition related to his original industrial injury to warrant reopening his workers' compensation claim?

Holding:

The Arizona Court of Appeals affirmed the ALJ's decision, concluding that Santos did not meet the burden of proving a new, additional, or previously undiscovered condition related to his original industrial injury.

Key Takeaways:

1. To reopen a closed workers' compensation claim, the claimant must show that the original industrial injury has caused a new, additional, or previously undiscovered condition.

2. The claimant bears the burden of presenting sufficient evidence to support reopening the claim.

3. The ALJ has the primary responsibility to resolve conflicts in medical opinion evidence, and the court defers to the ALJ's resolution of conflicting evidence if any reasonable theory supports the findings.

4. Santos' conditions, including headaches, cognitive impairment, depression, and anxiety, were present since his 2017 injury and were not considered new, additional, or previously undiscovered.

5. Noncompliance with procedural rules, such as failing to provide citations to the record or relevant legal authorities, can result in waiver of issues on appeal.

Link to Full Decision: 1 CA-IC 24-0020 Santos v. AZ Mini-Benchmark.pdf