Slover Masonry, Inc. v. Industrial Commission

Thaddeus Williamson (plaintiff) sustained a work-related knee injury during his employment as a hod carrier with Slover Masonry, Inc. (Slover) (defendant). Williamson underwent five surgeries, but he continued to experience pain, neurological issues, and restricted motion in his right leg and foot. The state industrial commission (plaintiff) issued a notice of permanent disability benefits stating that Williamson had a 50 percent loss of function in his right leg. Williamson requested a hearing to prove that his percentage of permanent disability was greater than 50 percent. During the hearing, Williamson testified before an administrative-law judge (ALJ) that his injury left him unable to perform five of his seven required tasks as a hod carrier, or roughly 78 percent of his job. A labor-market consultant testified that Williamson was unable to perform 65 percent of a hod carrier’s typical duties due to his injury. Williamson’s doctor testified that under the American Medical Association’s Guides to the Evaluation of Permanent Impairment (the AMA guides), Williamson had a 50 percent loss of function in his leg. However, the doctor explained that the AMA guides do not measure an injured person’s ability to perform a specific job. The doctor agreed with Williamson’s assessment of his inability to perform his job-related tasks. The ALJ concluded that the AMA guides did not accurately reflect Williamson’s degree of impairment and concluded based on the evidence at the hearing that Williamson had a 70 percent permanent impairment of function. Slover sought review in the Arizona Court of Appeals, which reversed the ALJ’s award. The court stated that the ALJ should not have considered Williamson’s inability to perform his specific job absent a medical expert’s determination that the AMA guides did not adequately rate Williamson’s impairment. Williamson appealed to the Arizona Supreme Court.