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CAPUANO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3397.

150 Ariz. 224 (1986)

722 P.2d 392

Frank CAPUANO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, B & B Masonry, Respondent Employer, Aetna Fire Underwriters Insurance Company, c/o INA/AETNA, Respondent Carrier.

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

July 15, 1986.

Attorney(s) appearing for the Case

Law Offices of Stephen L. Weiss by Barbara Rodriguez-Bush and Stephen L. Weiss, Phoenix, for petitioner employee.

Dennis P. Kavanaugh, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

Moore, Long & Lester by James Long, Phoenix, for respondent employer/carrier.

OPINION

JACOBSON, Presiding Judge.

The issue in this special action review concerns the res judicata effect of two unprotested notices of supportive care on a subsequent determination that claimant's industrial injury caused his psychiatric condition. We conclude the doctrine of res judicata is inapplicable to supportive care awards.

Claimant sustained a work-related back injury on September 7, 1979. After one year of conservative treatment...

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