[DOWNLOAD] "Bill Breck Dodge Inc. V. Industrial Commission" by Arizona Supreme Court # Book PDF Kindle ePub Free

February 15, 2021

eBook details

Title: Bill Breck Dodge Inc. V. Industrial Commission
Author : Arizona Supreme Court
Release Date : January 29, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

I concur in the result. I write separately because I am unable to agree with the limited basis for that result. The court states today that medical benefits are not available for surgery not recommended or offered at the time the claim was closed, even though the evidence is uncontroverted that the surgery has now become appropriate for treatment of the industrial injury. It is not as if the court refuses to interpret an otherwise clear statute. To reach this result, the court is compelled to interpret the statute by inserting the word "physical" before the word "condition," restricting the grounds for reopening to those situations where there has been a change in "physical" condition. The court states, therefore, that need for new medical or surgical treatment is not a "new, additional, or previously undiscovered . . . condition" and medical benefits for payment of the treatment are not available. (At 277.)