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Boyd v. DuraServ Corp dba Cookson Door Sales of Arizona/Liberty Insurance Corp - Memorandum Decision - Arizona Court of Appeals - October 17, 2025

  • Writer: Christopher S. Norton, Esq.
    Christopher S. Norton, Esq.
  • Oct 20
  • 2 min read
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Facts:

Steven Boyd, a service technician for DuraServ Corp (doing business as Cookson Door Sales of Arizona), claimed he injured his right shoulder in December 2021 while lifting a heavy garage door operator at work. Boyd alleged he reported the injury to his manager, Mark Montgomery, at the time of the incident, but did not file a formal report or seek medical treatment until June 2022, during a disciplinary meeting. Boyd filed a workers’ compensation claim in July 2022, which was denied by the Industrial Commission of Arizona (ICA) for failure to promptly report the injury as required by Arizona law. Boyd appealed the ICA’s decision, arguing that he had reported the injury in December 2021 and that the employer was not prejudiced by the delay in filing the formal report. The Administrative Law Judge (ALJ) denied Boyd’s claim, concluding that he failed to promptly report the injury and that the delay prejudiced the employer’s ability to investigate the claim.


Issue(s):

  1. Did Boyd fail to promptly report his injury as required by Arizona Revised Statutes § 23-908(E)?

  2. Did the ALJ err by not making specific findings regarding the credibility of witness testimony, particularly that of Mike Madole, who corroborated Boyd’s claim?

  3. Was Boyd’s failure to promptly report his injury excused under Arizona Revised Statutes § 23-908(F) due to lack of prejudice to the employer?


Holding:The Arizona Court of Appeals set aside the ICA award denying Boyd’s workers’ compensation claim. The court held that the ALJ failed to make sufficient factual findings regarding the credibility of Madole’s testimony, which was material to the case. Without explicit findings on Madole’s credibility, the court could not determine whether the ALJ’s conclusion that Boyd failed to promptly report his injury was legally sound.


Key Takeaways:

  1. Prompt Reporting Requirement: Arizona law requires employees to report workplace injuries “forthwith” under A.R.S. § 23-908(E). Failure to do so may result in denial of workers’ compensation claims unless the delay is excused under § 23-908(F).

  2. Material Witness Credibility: When a witness’s testimony is material to the outcome of a case, an ALJ must make explicit findings regarding the credibility of that witness. Failure to do so may result in the award being set aside.

  3. Corroborated Testimony: Testimony from an interested witness that is corroborated by a disinterested witness cannot be arbitrarily rejected without specific findings.

  4. Prejudice to Employer: A delay in reporting an injury may be excused if the employer is not prejudiced. However, a long delay can increase the likelihood of prejudice due to loss of evidence or witness recollection.

  5. Waiver of Arguments: Failure to raise an argument during the ICA review process may result in waiver of that argument on appeal.


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