A division of the Court of Appeals of Arizona has affirmed a verdict that a worker broke her leg, not her hip, that resulted in an award for a scheduled injury. The case is Robbins v. The Industrial Commission of Arizona, 2022 Ariz. App. Unpub. LEXIS 788 (Ariz. Ct. App. 2022). Note that this case is a memorandum decision, is not designated for official publication, and therefore may not be cited as precedent except as authorized by rule.
Izabella Robbins fell and broke her femur near the hip joint while working in an elementary school district. The bone repairs involved multiple screws in and near the head of the femur, though neither the break nor the repairs ultimately impaired the femoral head. The workers compensation carrier issued benefits to Robbins according to its finding of a scheduled leg injury, including permanent partial disability. Robbins appealed, claiming she had suffered an unscheduled injury to her hip. If the carrier was correct in its determination that Robbins had suffered a scheduled injury under A.R.S. §23-1044(B), then she would be paid a set percentage of her average monthly pay for a specified amount of time. If, however, Robbins was correct in saying she had suffered an unscheduled injury as defined in A.R.S. §23-1044(C), she would be paid the same percentage of her average monthly wages until either the end of her disability or her death.
An administrative law judge (ALJ) heard testimony from Robbins and two physicians. The first physician said Robbins had limited range of motion in addition to decreased strength and endurance and stated such limitations were common among "patient[s] with a hip fracture, for a very long time." (Internal quotes omitted). The second physician performed an independent exam and "found no loss of function," attributing Robbins's pain to the screws protruding from her femur; he also said the injury was to her leg, not her hip. The ALJ gave more weight to the second doctor's testimony, issued an award for a scheduled injury, and "summarily affirmed the decision" on review.
The question before the court came down to whether Robbins had injured her leg or her hip. The judges flatly stated that "[a] leg injury is scheduled…[and a] hip injury is not." It was not the first time an Arizona court had confronted the issue of whether an injury was to a claimant's hip or leg. In the workers compensation context, "a complete leg extends from where the ball of the femur fits into the socket of the hip to the ankle or foot" (quoting Ujevich v. Inspiration Consol. Copper Co., 33 P.2d 599 (Ariz. 1934). A hip injury, by contrast, required some form of impairment to a claimant's pelvis. As Robbins had experienced "no complications involving her hip" from her broken femur, the decision of the ALJ was affirmed.
Editor's Note: The court pointed out that a hip injury would be present "when the evidence show[ed] residual physical impairment not limited to leg but also to hip or pelvis." Though it may seem obvious that a leg bone is distinct from a hip bone, insurance is not an industry where facts may be taken for granted. Had there been impairment to another area in addition to Robbins's leg, the injury would not have been considered "scheduled," and Robbins would have been entitled to receive benefits for a longer period.