Industrially-Related Back Injury Claim In Arizona
In Southwest Nurseries v. Indus. Comm'n, 133 Ariz. 171, 173, 650 P.2d 473, 475 (App. 1982), a worker filed a claim for an industrially-related back injury. Southwest Nurseries, 133 Ariz. at 172, 650 P.2d at 474.
At the hearing, the claimant denied any history of back injuries. Id.
After the hearing judge found the claimant's injury compensable, the carrier requested review of the award, alleging that the claimant had lied about prior back injuries. Id. at 173, 650 P.2d at 475.
The carrier submitted an affidavit from counsel stating that the claimant's girlfriend had admitted that the claimant had lied about his history of back injuries and had provided the names of his former treating doctors. Id.
The carrier also submitted medical records from those doctors. Id.
The ALJ refused to schedule an additional hearing to investigate the fraud allegation and affirmed the award. Id.
The Court held on appeal that the ALJ erred in denying an additional hearing, "in light of the overwhelming evidence of fraud." Id.