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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
MEMORANDUM DECISION
Judge Lawrence F. Winthrop delivered the decision of the Court, in which
Presiding Judge Peter B. Swann and Judge Donn Kessler joined.
W I N T H R O P, Judge:
1
This is a special action review of an Industrial Commission of
Arizona (ICA) award and decision upon review lifting the carriers
suspension of workers compensation benefits. Two issues are presented
on appeal:
(1) whether administrative law judge (ALJ) Gaffaney erred
in lifting the suspension of the respondent employees
workers compensation benefits; and
(2) whether ALJ Mosesso erred by purportedly making a
credibility finding on administrative review.
Because we find no legal error and the evidence of record reasonably
supports the rulings by the ALJs, we affirm.
JURISDICTION AND STANDARD OF REVIEW
2
This court has jurisdiction pursuant to Arizona Revised
Statutes (A.R.S.) sections 12-120.21(A)(2), 23-951(A), and Arizona Rules
of Procedure for Special Actions 10.1 In reviewing findings and awards of
the ICA, we defer to the ALJs factual findings, but review questions of law
de novo. Young v. Indus. Commn, 204 Ariz. 267, 270, 14, 63 P.3d 298, 301
(App. 2003). We consider the evidence in a light most favorable to
upholding the ALJs award. Lovitch v. Indus. Commn, 202 Ariz. 102, 105,
16, 41 P.3d 640, 643 (App. 2002).
Absent material revisions after the relevant dates, statutes and rules
cited refer to the current version unless otherwise indicated.
1
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