ROSARITA MEXICAN FOODS v. INDUSTRIAL COM'N

No. 1 CA-IC 00-0030.

19 P.3d 1248 (2001)

199 Ariz. 532

ROSARITA MEXICAN FOODS, Petitioner Employer, Gallagher Bassett Services, Inc., Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Francisco Tapia, Respondent Employee.

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

As Amended April 9, 2001.


Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Scott M. Finical and Tracy A. Ager, Phoenix, Attorneys for Petitioner Employer and Carrier.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Taylor & Associates, P.L.L.C. by Donald F. Schaar, Phoenix, Attorneys for Respondent Employee.


OPINION

TIMMER, Judge.

¶ 1 We must decide in this special action whether the administrative law judge ("ALJ") erred by continuing benefits to claimant Francisco Tapia and awarding him further diagnostic testing without proof that his condition was medically non-stationary. For the reasons that follow, we hold that the ALJ did not err in awarding diagnostic testing but incorrectly continued other benefits to Tapia. We therefore set aside the award.<...

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