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MONTGOMERY v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 90-163.

173 Ariz. 106 (1992)

840 P.2d 282

Earl MONTGOMERY, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Farmers Insurance Group, Respondent Employer, Truck Insurance Exchange, c/o GAB Business Services, Inc., Respondent Carrier.

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

Reconsideration Denied June 23, 1992.

Review Denied December 1, 1992.

Attorney(s) appearing for the Case

Charles M. Wilmer, P.C. by Charles M. Wilmer, Phoenix, for petitioner.

Anita R. Valainis, Chief Counsel, Indus. Com'n of Ariz., Phoenix, for respondent.

Long, Lester & Lundmark, P.A. by R. Todd Lundmark, Phoenix, for respondents employer and carrier.

OPINION

CONTRERAS, Presiding Judge.

This is a special action review of an Arizona Industrial Commission award denying compensability for Lyme disease. Four issues are presented on review: (1) whether the Administrative Law Judge erred by finding that the commonalty rule precluded compensability; (2) whether the positional risk doctrine mandated compensability; (3) whether the quantum theory of work-connection precluded compensability; and (4) whether the...

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