Tucson USD v. Industrial Commission - Memo Decision - COA Div. 1 - January 7, 2025
- Christopher S. Norton, Esq.
- Jan 8
- 2 min read
Facts:
Caitlain Torres, a school monitor for Tucson Unified School District (TUSD), injured her ankle in August 2022 while breaking up a fight between students.
She filed a workers' compensation claim, which was accepted.
Torres was treated by Dr. George Abdelmessieh, who diagnosed her with insertional Achilles tendinopathy and Achilles tendonitis.
Despite treatment, Torres continued to experience pain and was recommended for surgery.
TUSD requested an evaluation by Dr. William Leonetti, who found Torres's injury to be medically stationary and attributed her pain to a pre-existing condition.
TUSD closed her claim, leading Torres to request a hearing.
An administrative law judge (ALJ) heard testimonies from both doctors, Torres, her colleagues, and her mother-in-law, ultimately siding with Dr. Abdelmessieh's assessment that Torres was not medically stationary.
Issue(s):
Whether Torres's industrial injury was medically stationary.
Whether the ALJ erred in finding Dr. Abdelmessieh’s testimony credible despite his not reviewing the MRI.
Holding:
The Arizona Court of Appeals affirmed the ALJ's decision that Torres's condition was not medically stationary and that she was entitled to additional active treatment.
Key Takeaways:
The ALJ's factual findings are given deference, and the court will affirm the award if it is reasonably supported by the evidence.
When medical expert opinions differ, the ALJ must resolve those conflicts, and the court will defer to the ALJ’s resolution unless it cannot be reasonably supported by the evidence.
An injury is considered stationary if no further medical treatment is indicated to improve the condition.
The ALJ found Dr. Abdelmessieh’s testimony credible and adequately supported by physical examinations, X-rays, and ultrasounds, despite his not reviewing the MRI.
The ALJ’s decision was not legally defective as it did not condition treatment on the future review of the MRI.
Link to full Decision: 1 CA-IC 23-0036.pdf
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