Amenya v. mentor/aiu
1 CA-IC 24-0039
Ariz. Ct. App.Mar 11, 2025Background
- Belinda Amenya, employed as a caregiver by Mentor Management, Inc., was injured on January 1, 2023, when attacked by a resident at work.
- She reported the injury the next day and received medical care, including medication and physical therapy.
- Initial MRI (March 2023) showed a minor shoulder issue; later MRI (August 2023) showed it had worsened.
- AIU Insurance closed her workers’ compensation claim in June 2023, determining no permanent impairment; Amenya challenged this decision.
- At a hearing, two orthopedic surgeons gave conflicting opinions about whether her shoulder condition was work-related and whether she reached maximum medical improvement.
- The ALJ found the defense expert more persuasive, determined her condition was stationary, and affirmed closure; the appellate court reviewed and affirmed this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the shoulder injury stationary? | Amenya: Condition not stationary; needs more treatment. | Carrier: Amenya reached maximimum improvement by May 2023. | Injury was stationary as of May 2023. |
| Was there permanent impairment? | Amenya: Worsening tear is related to work and is permanent. | Carrier: Shoulder issues are age-related, not work-related. | No permanent impairment found. |
| Should Dr. Collins' or Dr. Farber’s opinion control? | Amenya: Dr. Collins linked worsening to work injury. | Carrier: Dr. Farber’s opinion, based on review, is correct. | ALJ reasonably credited Dr. Farber. |
| Did the ALJ err in weighing evidence? | Amenya: ALJ erred by rejecting credible testimony. | Carrier: ALJ resolved evidence conflicts properly. | Court found ALJ acted within discretion. |
Key Cases Cited
- Avila v. Indus. Comm’n, 219 Ariz. 56 (deference to ALJ on factual findings)
- Carousel Snack Bar v. Indus. Comm’n, 156 Ariz. 43 (ALJ resolves medical testimony conflicts)
- Perry v. Indus. Comm’n, 112 Ariz. 397 (factual findings upheld if supported by evidence)
- Stephens v. Indus. Comm’n, 114 Ariz. 92 (burden on worker to show condition not stationary)
- Waller v. Indus. Comm’n, 99 Ariz. 15 (ALJ may choose between reasonable inferences)
- Kaibab Indus. v. Indus. Comm’n, 196 Ariz. 601 (appellate court will not re-weigh medical evidence)