Opinion
No. 2 CA-IC 2018-0009
01-14-2019
RICKEY ALLEN GOODWELL, Petitioner Employee, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, ORACLE SANITATION, Respondent Employer, COPPERPOINT MUTUAL INSURANCE COMPANY, Respondent Insurer.
COUNSEL Rickey Goodwell, Oracle In Propria Persona The Industrial Commission of Arizona, Phoenix Gaetano Testini, Chief Legal Counsel By Stacey Rogan Counsel for Respondent CopperPoint Mutual Insurance Company Mark A. Kendall, VP, Legal Services By Joseph N. Lodge, Tucson Counsel for Respondents Employer and Insurer
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Spec. Act. 10(k). Special Action - Industrial Commission
ICA Claim No. 93068-289871
Insurer No. 930725
Gary M. Israel, Administrative Law Judge
AWARD AFFIRMED
COUNSEL Rickey Goodwell, Oracle
In Propria Persona The Industrial Commission of Arizona, Phoenix
Gaetano Testini, Chief Legal Counsel
By Stacey Rogan
Counsel for Respondent CopperPoint Mutual Insurance Company
Mark A. Kendall, VP, Legal Services
By Joseph N. Lodge, Tucson
Counsel for Respondents Employer and Insurer
MEMORANDUM DECISION
Presiding Judge Eppich authored the decision of the Court, in which Chief Judge Eckerstrom and Judge Espinosa concurred. EPPICH, Presiding Judge:
¶1 In this statutory special action, petitioner Rickey Goodwell challenges the Industrial Commission's decision and award denying his complaint alleging unfair claim processing practices. We affirm.
¶2 We view the facts in the light most favorable to upholding the award. Hackworth v. Indus. Comm'n, 229 Ariz. 339, ¶ 2 (App. 2012). Pursuant to a 1994 settlement agreement, Goodwell received a third-party recovery award for an industrial injury sustained in 1993. Under the terms of the agreement, CopperPoint Mutual Insurance Company was granted a credit against all future disability compensation.
¶3 In April 2017, Goodwell filed a complaint with the Industrial Commission alleging bad faith and unfair claim processing against CopperPoint. His complaint was denied by a claims manager in June 2017. In September 2017, Goodwell requested a hearing to present evidence in support of his claim. After a hearing, the Administrative Law Judge (ALJ) denied Goodwell's claim in a May 7, 2018 decision and award, concluding Goodwell had "failed to meet his burden to prove commission of bad faith or unfair claim processing practices by [CopperPoint]." Goodwell sought review of the May 7 award, and the ALJ affirmed it in a June 18, 2018 decision upon review. This petition for special action followed; we have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(2), 23-951(A), and Rule 10, Ariz. R. P. Spec. Act.
¶4 On review, Goodwell contends the ALJ's decision and award denied him his rights under Article 18 of the Arizona Constitution. His opening brief, however, lacks coherent legal argument, is completely devoid of citations to the record, and does not provide the applicable standard of review. See Ariz. R. P. Spec. Act. 10(k) (rules of civil appellate procedure generally apply to petitions for appellate court review of industrial commission awards); Ariz. R. Civ. App. P. 13(a)(7) (opening brief must contain argument supported by legal authority and references to the record and applicable standard of review). Goodwell does not explain how the ALJ erred, and it is not clear precisely what relief he seeks. We therefore consider his arguments waived. See Polanco v. Indus. Comm'n, 214 Ariz. 489, n.2 (App. 2007) (argument waived when petitioner failed to develop and support it).
We note that parties "who conduct[] a case without an attorney [are] entitled to no more consideration from the court than [parties] represented by counsel, and [are] held to the same standards expected of a lawyer." Kelly v. NationsBanc Mortg. Corp., 199 Ariz. 284, ¶ 16 (App. 2000).
¶5 The decision and award denying Goodwell's complaint is affirmed.