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KWIETKAUSKI v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 12-0004.

291 P.3d 365 (2012)

Janelle KWIETKAUSKI, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Sentry Insurance, Respondent Employer, Sentry Insurance, Respondent Carrier.

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

November 20, 2012.

Attorney(s) appearing for the Case

Janelle Kwietkauski, Phoenix, Petitioner Employee.

Klein, Doherty, Lundmark, Barberich & LaMont, P.C., By Lisa M. LaMont, Phoenix, Attorneys for Respondent Employer/Carrier.

Andrew Wade, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

OPINION

GEMMILL, Judge.

¶ 1 May a workers' compensation insurance carrier suspend a claimant employee's benefits under Arizona Revised Statutes ("A.R.S.") section 23-1026(C) (2012)1 for obstructing an independent medical examination ("IME") because the claimant asserted, at the start of the IME, an intention to tape record the examination? We conclude as a matter of law that a workers' compensation claimant who expresses...

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