AGUIAR v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 88-122.

165 Ariz. 172 (1990)

797 P.2d 711

Maria De Jesus AGUIAR, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Power Produce, Respondent Employer, Paula Insurance Company, c/o Pan American Underwriters, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied September 18, 1990.


Attorney(s) appearing for the Case

Ely, Bettini & Ulman by J. Wayne Turley, Phoenix, for petitioner employee.

Anita R. Valainis, Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Spencer K. Johnston, Phoenix, for respondent employer & carrier.


OPINION

FIDEL, Judge.

The Industrial Commission denied a widow's claim for benefits on the basis of a cardiologist's opinion that the deceased employee's myocardial infarction and cardiac arrest were unrelated to his work. We conclude upon appeal that the cardiologist's testimony was invalid because it was grounded in the premise that ordinary labor cannot cause heart attacks, a premise that our legislature has rejected in A.R.S. § 23-1043.01(A).

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases