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Kaibab Industries v. The Industrial Commission of Arizona5/16/2000
t the ALJ's conclusion, we are bound by his resolution of conflicting testimony. See Fry's Food Stores, 161 Ariz. at 121, 776 P.2d at 799; Stainless Specialty Mfg. Co., 144 Ariz. at 19-20, 695 P.2d at 268-69. Indeed, it is the duty of the ALJ to resolve conflicts in the evidence and to determine which opinion is more probably correct. See Lazarin v. Industrial Comm'n, 135 Ariz. 369, 373, 661 P.2d 219, 223 (1983). Only if the award is unsupported by any reasonable theory of evidence we will reverse. See WalMart v. Industrial Comm'n, 183 Ariz. 145, 147, 901 P.2d 1175, 1177 (App. 1995).
This award is fully supported by the record. The ALJ considered the evidence in its entirety and, to the extent that there was a conflict between Dr. Maric and Dr. Shapiro, he resolved the case in favor of Dr. Shapiro's opinion as being more probably correct and well-founded. See In re Estate of Bedwell, 104 Ariz. at 445, 454 P.2d at 987. And, although Ms. Sinks' memory was not crystalline, her memory was not so flawed as to render Dr. Shapiro's opinion without a factual basis. We find no error in the ALJ's conclusion that Ms. Sinks was entitled to have the 1995 claim reopened.
CONCLUSION
We affirm the award and decision upon review.
SUSAN A. EHRLICH, Presiding Judge
CONCURRING: EDWARD C. VOSS, Judge JON W. THOMPSON, Judge
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
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