Southwest Nurseries v. Indus. Comm'n
In Southwest Nurseries v. Indus. Comm'n, 133 Ariz. 171, 173, 650 P.2d 473, 475 (App. 1982), after an ALJ awarded claimant benefits, the carrier and employer filed a request for review, alleging claimant lied about his pre-injury back condition. 133 Ariz. at 173, 650 P.2d at 475.
The request for review attached;
(1) pre-injury medical records showing "extensive medical treatment and hospitalization for prior back injuries" in the same area of the back and;
(2) an affidavit from counsel stating "that after the scheduled hearing, claimant's girlfriend who testified consistently with claimant's testimony had advised him that claimant had lied, and also told him about physicians who had previously treated the claimant for back problems." Id. at 172-73, 650 P.2d at 474-75.
The ALJ refused to consider the medical records and affidavit and denied the request for review. Id. at 173, 650 P.2d at 475.
On appeal, in finding an additional hearing should have been held, this court noted "the medical evidence submitted" demonstrated that claimant's testimony was not true and that "claimant's deceit was therefore related to the very condition for which he claimed benefits, not to some collateral matter." Id.
Noting "the overwhelming evidence of fraud presented to the" ALJ, "it was a clear abuse of discretion to refuse the request." Id.