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.