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· 3/27/1968

Malinski v. Industrial Commission

Citations

  • 439 P.2d 485
  • 103 Ariz. 213
  • 1968 Ariz. LEXIS 233

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the ALJ’s duty to resolve all evidentiary conflicts in the evidence and draw warranted inferences, which will not be disturbed unless the conclusion is unreasonable
  • explaining that when there is a conflict between two experts, the ALJ is to weigh the conflicting evidence, judge witness credibility, and determine which opinion to rely on
  • stating that claimant has the burden to affirmatively establish entitlement to compensation
  • stating the ALJ must draw warranted inferences and “where more than one inference may be drawn, the [ALJ] is at liberty to choose either, and this court will not disturb its conclusion unless it is wholly unreasonable”
  • “[I]t is the hearing officer’s obligation to resolve conflicting medical evidence, and his resolution will not be disturbed unless it is wholly unreasonable.”
  • requiring the ALJ to resolve all conflicts in the evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: McFarland, Udall, Struckmeyer, Bernstein, Lockwood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.