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ARIZONA DEPARTMENT OF PUBLIC SAFETY Petitioner Employer State Compensation Fund Petitioner Carrier
vs.
The INDUSTRIAL COMMISSION of Arizona Respondent Daniel T. Gibson Respondent Employee. Randall KINNARD Petitioner Employee v. The INDUSTRIAL COMMISSION of Arizona Respondent Cyprus Twin Buttes Corporation Respondent Employer Cyprus Minerals Company Respondent Carrier
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Issues:
Post accident testing, worker's compensation, unemployment benefits.
Case Summary:
The Arizona Supreme Court reviews two cases involving workmen's compensation claims filed by two discharged employees who claimed a loss of earnings capacity stemming from earlier, unrelated industrial accidents on the job site. The first case concerned Daniel T. Gibson who suffered a 5% impairment as a result of a neck injury suffered while in the employ of the Department of Public Safety. Gibson returned to his duties but was terminated by the DPS for cause a short time later. Case two involved Randall Kinnard, who sustained multiple injuries from an explosion at Cyprus Twin Buttes Corporation. Kinnard failed a drug test upon his return to work and was immediately fired. He was denied full compensation benefits for this reason.
Decision of lower jurisdiction:
The Industrial Commission ruled that Gibson was ineligible to receive benefits because he had "voluntarily removed himself" from the labor market due to his alleged misconduct. The Court of Appeals, with one judge dissenting, affirmed the award. With regard to Kinnard, the Court of Appeals affirmed his denial of full benefits because the "predominant cause of his changed economic status was of his own making." However, he was ruled eligible for temporary partial compensation immediately after he had found employment as a security guard at the Arizona State Fair. Kinnard petitioned for review.
Outcome:
Gibson wins. Kinnard loses. Gibson was granted the award by the Supreme Court on the grounds that he had fulfilled his initial burden, but was physically unable to carry out the duties demanded by other employers he had solicited for a job. The Supreme Court set aside the award and remanded the Kinnard case for further proceedings. The majority opinion of the court of appeals was vacated.