Kaibab Industries v. Industrial Commission
In Kaibab Industries v. Industrial Commission, 196 Ariz. 601, 2 P.3d 691 (App. 2000), the employee sustained two industrial injuries to her back in 1994 and 1995 that were accepted and ultimately closed. 196 Ariz. 603,2-3, 2 P.3d at 694.
Her third industrial injury occurred in 1997 when she felt sharp back pain while standing up after sitting for a break. Id.4.
At a hearing regarding reopening the 1995 claim, two doctors disagreed about whether the pain was related to the 1995 injury or the act of standing up in 1997. Id.7-8.
The ALJ resolved the medical conflict in favor of the doctor who believed the pain related to the earlier injury, and granted the petition to reopen that claim. Id.9.
The Court affirmed the award, concluding the doctor's testimony was sufficient to show that the 1995 injury was merely aggravated in 1997 and that the successive-injury doctrine did not apply. Id.14.