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Lovitch v. Industrial Commission of Arizona2/5/2002
t. Special Fund Div. v. Tabor, 201 Ariz. at 92, , 32 P.3d at 17. Lovitch had a full opportunity to and actually did litigate the existence of an irritant-induced vocal cord dysfunction as well as its causal relationship to her 1993 industrial injury. These issues were determined adversely to her as essential findings in the 1997 and 1999 awards. Thus, we conclude that issue preclusion applies to bar relitigation of these issues, and we therefore affirm.
Ann A. Scott Timmer, Judge
CONCURRING:
Sheldon H. Weisberg, Presiding Judge
Jon W. Thompson, Judge
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
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