Carbajal v. Indus. Comm'n
In Carbajal v. Indus. Comm'n, 218 Ariz. 578, 190 P.3d 737 (App. 2008), the claimant was severely injured and required attendant care services each day, for eight to ten hours per day. 218 Ariz. at 579, P 4, 190 P.3d at 738.
At times when the attendant was not present, the claimant's wife provided these services herself. Id. at 580, P 7, 190 P.3d at 739.
The wife sought compensation from the carrier for her services. Id.
The carrier refused to reimburse her, and following an ICA hearing, the ALJ agreed. Id. at 580-81, P 10, 190 P.3d at 739-40.
The Court affirmed. Id. at 584, P 24, 190 P.3d at 743.
Applying the principle of ejusdem generis, we concluded that the term "other treatment" did not extend to all services that a doctor might recommend after an injury because the specific examples preceding that general term were all medical in nature. Id. at 582, P 17, 190 P.3d at 741 ("The legislature intended the statute to cover treatment or benefits of the "medical" type and not services which would normally be rendered by a spouse during a marriage.").
The Court agreed that the "services provided by Wife to Claimant were more akin to ordinary household duties than services typically provided by skilled attendants." Id. at 584, P 23, 190 P.3d at 743.