jbi/twin v. Palacios

── jbi/twin v. Palacios ── Case No.: 1 CA-IC 25-0017 Court: Court of Appeals of Arizona Date: March 12, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE JBI LLC, Petitioner Employer, TWIN CITY FIRE INSURANCE CO, Petitioner Carrier, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, FRANCISCO PALACIOS, Respondent Employee. No. 1 CA-IC 25-0017 FILED 03-12-2026 Special Action - Industrial Commission ICA Claim No. 20223010101 Carrier Claim No. Y3VC33273 The Honorable Kevin B. Berkowitz, Administrative Law Judge AFFIRMED COUNSEL Ritsema Law, Phoenix By Alissa J. Mack, Karolyn F. Keller Counsel for Petitioner Employer and Carrier Industrial Commission of Arizona, Phoenix By Afshan Peimani Counsel for Respondent Snow & Carpio PLC, Phoenix By Erica Gonzalez-Melendez Counsel for Respondent Employee  JBI/TWIN v. PALACIOS Decision of the Court MEMORANDUM DECISION Presiding Judge Samuel A. Thumma delivered the decision of the Court, in which Judge Andrew J. Becke and Judge Kent E. Cattani joined. T H U M M A, Judge: ¶1 Petitioners JBI, LLC, doing business as Western Millwork, and Twin City Fire Insurance Co. challenge an Industrial Commission of Arizona (ICA) award finding Francisco Palacios requires further active medical treatment and authorizing lower back surgery. Because it is supported by substantial evidence in the record, the award is affirmed. FACTS AND PROCEDURAL HISTORY ¶2 Palacios had worked for Western Millwork for about 10 years at the time of his claim. His job included lifting sheets of granite and marble. Medical records show that, in 2019, he sought medical treatment at an emergency room (ER) for low back pain. An X-ray revealed mild disc degeneration, and he was given pain medication and told to avoid heavy lifting. In 2021, he again sought medical treatment for work-related low back pain. ¶3 In the fall of 2022, Palacios made three ER visits for back pain. On September 11, 2022, the ER took lumbar spine X-rays and noted a normal impression. Palacios was referred to his primary care physician for follow-up. On September 15, 2022, again at the ER, he was diagnosed with a muscle spasm and sent home with pain medications. The treatment notes state “no numbness tingling or radiculopathy” in his lower extremities. A medical record for the third ER trip on October 15, 2022, states that Palacios had suffered an exacerbation of preexisting back pain, noting “no numbness or tingling or weakness.” ¶4 Palacios filed a workers’ compensation claim in October 2022, designating a September 29, 2022 injury date. Petitioners accepted his claim and he received treatment. In February 2024, based on an independent medical examination (IME) by Dr. Dennis Crandall, Petitioners closed the claim with no permanent impairment. Palacios protested the closure as well as Petitioners’ denial of authorization for back surgery recommended by his treating physician. 2  JBI/TWIN v. PALACIOS Decision of the Court ¶5 At a September 2024 evidentiary hearing, Palacios testified that the injury occurred on September 29, 2022, when he was lifting heavy material and his lower back “popp[ed].” Western Millwork immediately sent him to a clinic that diagnosed a lumbar strain and gave him pain medication and instructions for home physical therapy. In April 2023 he re