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TARPY v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2815.

138 Ariz. 395 (1983)

675 P.2d 282

Charline C. TARPY, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arizona State Prison, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

August 30, 1983.

Attorney(s) appearing for the Case

Dee-Dee Samet, P.C. by Dee-Dee Samet, Tucson, for petitioner.

James Overholt, Chief Counsel Industrial Commission of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel State Compensation Fund, Phoenix by James F. Crane, Tucson, for respondent employer and respondent carrier.

OPINION

JACOBSON, Chief Judge.

This review of an award of the Industrial Commission requires a determination of whether subjective pain, without change in objective physical findings which, in the opinion of medical experts, requires active medical treatment is sufficient basis to reopen a previously closed industrial claim.

The facts in this case are surprisingly free from material dispute and the sole issue is the legal significance of the facts...

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