Appeal Upheld by Court of Appeals of AZ in ALVA v. Industrial Com'n of Arizona Case

2023-04-14 06:39:58 By : Ms. Catherine Fang
The ALVA v. INDUSTRIAL COM'N OF ARIZONA case was a workers' compensation case that involved an employee, Angie E. ALVA, who sustained injuries while working at The Donut Company. ALVA suffered injuries to her neck and shoulder, which resulted in her being unable to work. She filed a workers' compensation claim with the Industrial Commission of Arizona, seeking compensation for her injuries.

At the hearing, ALVA testified that she had been working at The Donut Company for six months and had been regularly lifting and carrying heavy boxes of donut mix. She described how she had experienced pain in her neck and shoulder for several weeks before the injury occurred. She also testified that she had reported the pain to her employer, but they had not taken any action to prevent further injury.
ALVA v. INDUSTRIAL COM'N OF ARIZONA, 156 Ariz. 82 (App. 1987) | LexRoll (AZ)


The Industrial Commission denied ALVA's claim, finding that her injury was not caused by her work activities. ALVA appealed the decision to the Court of Appeals, arguing that the Commission's decision was not based on substantial evidence.

The Court of Appeals reviewed the evidence presented at the hearing and found that ALVA's injury was work-related. The court noted that ALVA had reported her pain to her employer, and had continued working despite the pain. The court also found that the heavy lifting and carrying of boxes of donut mix was a contributing factor to her injury.

The court reversed the Commission's decision and remanded the case for further proceedings. The decision in this case highlights the importance of reporting workplace injuries and seeking medical treatment, as well as the responsibility of employers to provide a safe work environment.

In conclusion, workers' compensation cases like ALVA v. INDUSTRIAL COM'N OF ARIZONA are important in protecting the rights of injured employees. The court's decision in this case emphasizes the need for employers to take proactive steps to prevent workplace injuries and the responsibility of the Industrial Commission to thoroughly review all evidence presented in workers' compensation claims.