Di Donato v. haggen/xl Insurance
1 CA-IC 16-0055
| Ariz. Ct. App. | Apr 6, 2017Background
- Maria Di Donato, a bakery clerk, injured her back stepping off a chair at work on July 30, 2015; she sought treatment beginning August 4, 2015.
- XL Insurance accepted the claim in September 2015; Di Donato received conservative care including two epidural steroid injections and two MRIs.
- Dr. John Beghin (IME) concluded Di Donato had L3–L4 disc herniation but could not link it to the industrial incident; he later found she was at maximum medical improvement with 2% whole-person impairment and no work restrictions.
- XL closed the claim (May 3, 2016) after adopting Dr. Beghin’s opinions; Di Donato did not timely protest that closure and the ALJ confined the hearing issue to whether she could return to pre-injury work.
- Di Donato submitted additional medical material (Dr. Fioramonti’s letter and physical therapy records) only after the hearing deadline; the Commission found the new materials untimely and affirmed the ALJ’s finding that she could return to regular duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Di Donato is incapable of returning to pre-injury work | Di Donato: medical evidence (untimely) and therapy records show ongoing incapacity | Employer/Carrier: IME shows MMI, minimal impairment, no restrictions; claimant failed to timely introduce contrary evidence | Court: Affirmed — ALJ reasonably credited IME; evidence supports return to work |
| Whether post-hearing medical evidence should be considered on review | Di Donato: late-submitted Dr. Fioramonti letter and PT records undermine IME | Commission/Employer: evidence was untimely; record closed on June 3, 2016 | Court: Untimely evidence excluded; appellate review limited to hearing record |
Key Cases Cited
- Tabler v. Indus. Comm’n, 202 Ariz. 518 (explaining deference to ALJ factual findings)
- Eldorado Ins. v. Indus. Comm’n, 27 Ariz. App. 667 (medical expert required when condition not obvious to layperson)
- Hackworth v. Indus. Comm’n, 229 Ariz. 339 (ALJ resolves conflicts in medical evidence; review limited to reasonableness)
- Stainless Specialty Mfg. Co. v. Indus. Comm’n, 144 Ariz. 12 (standard for overturning ALJ resolution of medical conflicts)
- Epstein v. Indus. Comm’n, 154 Ariz. 189 (fact-finding ends at close of last scheduled hearing; untimely evidence not considered)