In Halloum, the applicant was injured when he fell to the bottom of a metal stairway at work.
The defendants’ IME physician testified that his review of the surveillance video of the fall indicated that it was a “protected fall” because the applicant held his hand out in front of his head as he fell. The physician believed the fall was intentional and did not result in a concussion.
The ALJ heard the testimony of the applicant, a physician who treated the applicant under the claim, the defendants’ IME physician, the defendants’ private investigator, and the employer’s human resources director and reviewed the medical documentation and surveillance footage. The court held that the applicant’s fall was intentional and not compensable.
The applicant sought administrative review of the decision, which was affirmed, so the applicant then filed for a statutory special action.
On appeal, the court noted that “an intentional act of violence that produces an injury that should be expected is not accidental.” Glodo v. Indus. Comm'n of Arizona, 191 Ariz. 259, 261, 955 P.2d 15, 17 (Ct. App. 1997).
The applicant argued that the “unexplained fall” doctrine applied, but the court rejected this by indicating that “an injury for which the cause is unknown will be presumed compensable if it occurs in the course and scope of employment.” Halloum at *2.
The applicant argued that the “unexplained fall” doctrine applied, but the court rejected this by indicating that “an injury for which the cause is unknown will be presumed compensable if it occurs in the course and scope of employment.” Halloum at *2.
The applicant also argued that the fall must be treated as unexplained because the IME physician testified outside of his area of expertise when he gave his opinion that the fall was a protected fall and therefore intentional. The court found that there was no indication that the ALJ improperly weighed or considered the IME physician’s testimony and report for any impermissible purposes.
The court affirmed the decision.
Halloum v. Indus. Comm'n of Arizona, No. 1 CA-IC 25-0006, 2026 WL 195718, at *1 (Ariz. Ct. App. Jan. 26, 2026)
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