Arizona Supreme Court

Gilbert Aguirre, Jr. v. the Industrial Commission of Arizona, City of Goodyear, Employer, Copperpoint American…

August 15, 2019247 Ariz. 75

Summary

The court held that an Industrial Commission award is legally deficient when the administrative law judge fails to make findings on material issues and resolve conflicting expert testimony necessary for appellate review. It further held that a claimant does not waive review of that legal deficiency by failing to raise it in the request for administrative review. The court set aside the award, affirmed part of the court of appeals' decision, and vacated paragraphs 16 through 18.