hilton/indemnity v. Burch
1 CA-IC 16-0048
| Ariz. Ct. App. | Mar 9, 2017Background
- On Oct. 2014, employee Jamie Burch fell at work at the Arizona Biltmore Resort while finishing her shift and suffered a compound fracture of her left forearm.
- Surveillance video shows Burch bending to pick up trash, standing, grabbing a wheeled chair that rolled away, and falling backward with the chair landing on her.
- Witnesses gave inconsistent histories: coworker Arlene Boyd testified Burch said she tripped on duct tape; ABR security personnel and some medical records indicated Burch reported lightheadedness/dizziness when standing.
- Burch denied telling hospital staff she was lightheaded; she testified her foot was stuck on tape under her chair.
- Independent medical examiner Dr. Kahn concluded transient dizziness (an idiopathic cause) caused the fall; the ALJ found Burch and Boyd credible and concluded the fall resulted from tripping and the chair’s movement, not idiopathic dizziness.
- ICA awarded compensability; employer/carrier (Hilton/Indemnity) sought special action review arguing the ALJ erred in resolving conflicting evidence and should have accepted Dr. Kahn’s idiopathic-fall opinion.
Issues
| Issue | Plaintiff's Argument (Burch) | Defendant's Argument (Hilton) | Held |
|---|---|---|---|
| Whether the injury was compensable (arose out of and in the course of employment) | Fall occurred at work due to tripping on tape and chair movement — work contributed to injury | Fall was idiopathic (transient dizziness) — a personal risk not arising from employment | ALJ award of compensability affirmed; evidence supports non-idiopathic fall |
| Credibility of competing witness histories | Burch and coworker's account (trip on tape, denied dizziness immediately after) credible | Employer relies on medical records and security/medical testimony indicating dizziness | ALJ credited Burch and Boyd; court defers to ALJ credibility findings |
| Weight of uncontroverted medical opinion (Dr. Kahn) | Medical opinion supports compensability if premised on accurate facts | Employer: Dr. Kahn’s opinion shows idiopathic cause, so noncompensable | Court held medical opinion was based on factual history the ALJ rejected; thus ALJ properly declined to adopt it |
| Whether ALJ’s factual resolution is supported by substantial evidence | ALJ: video and witness testimony support finding that chair movement contributed to injury | Employer: conflicts in record make ALJ’s conclusion unreasonable | Court: conflicts may still constitute substantial evidence; ALJ’s resolution not wholly unreasonable, affirmed |
Key Cases Cited
- Young v. Indus. Comm’n, 204 Ariz. 267 (App. 2003) (deference to ALJ factual findings; legal issues reviewed de novo)
- Lovitch v. Indus. Comm’n, 202 Ariz. 102 (App. 2002) (standards for reviewing ICA awards)
- Royall v. Indus. Comm’n, 106 Ariz. 346 (1970) (definitions of "arising out of" and "in the course of" employment)
- Toto v. Indus. Comm’n, 144 Ariz. 508 (App. 1985) (idiopathic-fall doctrine and employer contribution/aggravation rule)
- Holding v. Indus. Comm’n, 139 Ariz. 548 (App. 1984) (ALJ as sole judge of witness credibility)
- Malinski v. Indus. Comm’n, 103 Ariz. 213 (1968) (ALJ resolves evidentiary conflicts and draws inferences)
- Cammeron v. Indus. Comm’n, 98 Ariz. 366 (1965) (binding effect of uncontroverted medical testimony)
- Desert Insulations v. Indus. Comm’n, 134 Ariz. 148 (App. 1982) (medical testimony weakened by inaccurate factual background may not constitute substantial evidence)
- Phelps v. Indus. Comm’n, 155 Ariz. 501 (1987) (court will not disturb ALJ unless no reasonable theory of evidence supports conclusion)
- Shaffer v. Ariz. State Liquor Bd., 197 Ariz. 405 (App. 2000) (conflicting evidence can still be substantial evidence)