MATTHEWS v. INDUSTRIAL COMM'N OF ARIZONA

No. CV-21-0192-PR.

520 P.3d 168 (2022)

Timothy MATTHEWS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent. City of Tucson, Respondent Employer. Tristar Risk Management, Respondent Insurer.

Supreme Court of Arizona.

Filed November 23, 2022.


Attorney(s) appearing for the Case

Laura Clymer (argued), Brian Clymer , Brian Clymer Attorney at Law, Tucson, Attorneys for Timothy Matthews.

M. Ted Moeller (argued), Karolyn F. Keller , Moeller Law Office, Tucson, Attorneys for City of Tucson and Tristar Risk Management.

Robert J. Forman , Dix & Forman, PC, Tucson, Attorneys for Amicus Curiae Arizona Association of Lawyers of Injured Workers.

Kristin M. Mackin , William J. Sims III , Sims Mackin, Ltd. Phoenix, Attorneys for Amici Arizona Municipal Risk Retention Pool and Arizona Counties Insurance Pool.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ, BEENE, MONTGOMERY, and KING joined. VICE CHIEF JUSTICE TIMMER concurred in part and dissented in part.


¶1 In this case, we hold that A.R.S. § 23-1043.01(B), which limits workers' compensation claims for mental illnesses to those that arise from an "unexpected, unusual or extraordinary stress" situation, does not violate article 18, section 8 of the Arizona Constitution or the equal protection guarantee...

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