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POLANCO v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 2006-0025.

154 P.3d 391 (2007)

Mont POLANCO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Pima County, Respondent Employer and Insurer.

Court of Appeals of Arizona, Division 2, Department B.

March 29, 2007.

Attorney(s) appearing for the Case

Les Gilbertson, JD, PC By Les Gilbertson, Tucson, Attorney for Petitioner/Employee.

The Industrial Commission of Arizona By Laura L. McGrory, Phoenix, Attorney for Respondent.

Goering, Roberts, Rubin, Brogna, Enos & Treadwell-Rubin, P.C. By Pamela Treadwell-Rubin and Elizabeth L. Warner, Tucson, Attorneys for Respondent Employer and Insurer.

OPINION

BRAMMER, Judge.

¶ 1 In this statutory special action, petitioner Mont Polanco contends the administrative law judge (ALJ) erred in denying his petition to reopen his workers' compensation claim. The ALJ determined Polanco had failed to demonstrate "objective physical findings of [a] change in [Polanco's] condition" as required by A.R.S. § 23-1061(H). Polanco argues § 23-1061(H) is unconstitutional as applied to his case. Finding...

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