· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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