Aranda v. Industrial Commission of Arizona9/12/2000
ARANDA Industrial Commission Award Joann C. Gaffaney, Administrative Law Judge SUSPENSION OF AWARD SET ASIDE Court of Appeals, Division One 195 Ariz. 403, 989 P.2d 157 (1999) VACATED
REMEDYTEMP Industrial Commission Award Karen G. Calderon, Administrative Law Judge AFFIRMED
We address two cases consolidated for review to determine the applicability of Arizona Revised Statutes Annotated (A.R.S.) § 23-1031 (Supp. 1999), authorizing the suspension of workers' compensation benefits to individuals convicted of a crime and incarcerated. See Aranda v. Industrial Commission, 195 Ariz. 403, 989 P.2d 157 (App. 1999), and RemedyTemp v. Industrial Commission, 1 CA-IC 99-0088, IC Claim No. 98162298731. In Aranda, we granted review from a decision of the court of appeals, and in Remedy Temp, because the same issue is raised, we granted a motion to transfer the case from the court of appeals. In each, we decide whether the statute was applied retroactively, and if so, whether retroactive application is permissible as a matter of law. We have jurisdiction pursuant to article VI, section 5(3) of the Arizona Constitution. In Aranda, jurisdiction is further predicated on Rule 8(b), Arizona Rules for Special Action, and in Remedy Temp, on Rule 19(a), Arizona Rules of Civil Appellate Procedure.
Facts and Procedural History
ARANDA
Guadalupe Aranda sustained a compensable industrial injury on May 4, 1993, and the State Compensation Fund accepted his claim for benefits. In mid-February 1994, Aranda was arrested and incarcerated pending trial. He was convicted, and in March 1995, was sentenced to a period of incarceration.
On April 19, 1996, the Industrial Commission issued its Findings and Award for Unscheduled Permanent Partial Disability benefits. The parties stipulated to an award of $630.71 per month, which the Administrative Law Judge (ALJ) adopted. That award became final August 23, 1996.
In 1997, the Arizona Legislature enacted A.R.S. section 23-1031, with an effective date of December 1, 1997. On January 8, 1998, the State Compensation Fund ("State Fund") issued a Notice of Claim Status suspending benefits pursuant to section 23-1031, effective January 1, 1998. Aranda requested a hearing on the suspension. Following the hearing, the ALJ determined the State Compensation Fund "lawfully applied A.R.S. [§ 23-1031] to the facts of the present case." Aranda filed a timely request for review of the decision, which the Industrial Commission affirmed on July 29, 1998. The following day, Aranda filed a Petition for Special Action in the court of appeals, which affirmed the decision of the Industrial Commission. We granted review.
RemedyTemp
Michael Everett suffered a compensable head injury on July 21, 1991. The Industrial Commission entered its Findings and Award for Unscheduled Permanent Partial Disability benefits on January 24, 1994. The findings concluded that Everett had sustained a 43.94% loss of earning capacity, entitling him to compensation of $158.77 per month. In compliance with a child support order, one-half the compensation was paid to Everett's son. Everett and his son received monthly compensation payments from 1994 into 1998.
Everett committed three criminal offenses in March and April 1997. Police arrested him in mid-April 1997. Everett pled guilty to three charges and was sentenced to a period of imprisonment in December 1997. The State Compensation Fund, pursuant to section 23-1031, suspended benefits payments to Everett effective May 1, 1998. The statute became effective prior to Everett's plea and sentencing but subsequent to the criminal offenses. Payments to Everett's s
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