Tang v. Industrial Commission of Arizona - Memorandum Decision - Arizona Court of Appeals - March 28, 2025 ​

Facts: Sujian Tang, a housekeeper, slipped on ice in December 2019 while working at a resort, sustaining head, neck, and back injuries. ​ Her workers' compensation claim was accepted, and she received temporary disability benefits and medical care. ​ In May 2020, her employer's insurance carrier terminated her benefits, later reopening her claim for psychiatric treatment. ​ In August 2022, the Industrial Commission found Tang medically stationary without permanent impairment, terminating her benefits. ​ Tang petitioned to reopen her claim, citing new or previously undiscovered conditions, including suicidal ideation. ​ After hearings, the Administrative Law Judge (ALJ) denied her petition, affirming that she was medically stationary without permanent impairment but awarded eight mental health sessions for supportive care. ​ Tang appealed the decision.

Issue(s):

1. Did the ALJ err in finding Tang medically stationary without permanent impairment despite evidence of suicidal ideation and ongoing physical and psychological symptoms? ​

2. Did the ALJ improperly weigh conflicting medical evidence regarding Tang’s need for further treatment and work restrictions? ​

Holding: The Arizona Court of Appeals affirmed the Industrial Commission’s award, finding that the ALJ’s decision was supported by the record and that the resolution of conflicting medical evidence was within the ALJ’s discretion. ​

Key Takeaways:

1. A condition is considered medically stationary when further medical treatment will not improve it. ​ The ALJ determined Tang’s physical and psychological conditions were stationary, supported by expert testimony. ​

2. The ALJ has discretion to resolve conflicting medical opinions and factual disputes, and appellate courts defer to these findings if reasonably supported by the record. ​

3. Tang’s petition to reopen her claim was denied because she failed to demonstrate a new, additional, or previously undiscovered condition causally related to her workplace injury.

4. The award of supportive care (eight therapy sessions) implicitly indicated that Tang’s mental health condition was stationary. ​

5. The August 2022 award became final and binding, with res judicata effect, as Tang did not appeal it. ​

URL to Read Full Decision: IC20240002Memo.pdf