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BERNHART v. INDUSTRIAL COM'N

No. 1 CA-IC-99-0136.

26 P.3d 1181 (2001)

200 Ariz. 410

Betty J. BERNHART, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Fry's Food Stores, Respondent Employer, Royal Insurance *,* *; ITT Hartford* * *, * * * *; Alexis* * * * *, * * * * * *, * * * * * * *, Respondent Carriers.

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

June 28, 2001.

Attorney(s) appearing for the Case

Ronald M. Meitz, Phoenix, Attorney for Petitioner.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Ronald H. Moore, P.C., by Ronald H. Moore, Phoenix, Attorneys for Respondent Employer Fry's Food Stores.

Jardine, Baker, Hickman & Houston, P.L.L.C., by Scott H. Houston, Phoenix, Attorneys for Respondent Carrier Royal Insurance and Respondent Employer Fry's Food Stores.

Doherty & Venezia, P.C., by Julie A. Doherty, Phoenix, Attorneys for Respondent Carrier ITT Hartford and Respondent Employer Fry's Food Stores.

OPINION

FIDEL, Judge

¶ 1 The Industrial Commission of Arizona denied Claimant disability and medical compensation for three claims on the statutory grounds of "wilful self-exposure," A.R.S. § 23-901.04, and "unreasonable refusal or neglect to submit to or follow any competent or reasonable surgical treatment or medical aid." A.R.S. § 23-1027. Concluding that the Commission misapplied these statutes, we set its decision aside.

I. HISTORY...

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