Catherine Zawada’s pursuit of justice following a workplace injury has hit a roadblock. Her workers’ compensation claim against her employer and its insurance carrier was closed, leaving her without the supportive care she believes she still needs. On December 2, 2025, in the Arizona Court of Appeals, Division One, Zawada filed a complaint against American Parking Inc. and Zenith Insurance, contesting the closure of her claim.
Zawada’s ordeal began in February 2023 when she was assaulted by an unruly patient while working at a hospital. The attack left her with injuries that led to intermittent headaches and other symptoms for which she sought medical treatment. Despite these ongoing issues, the Industrial Commission of Arizona determined that Zawada was medically stationary and did not require further active treatment or supportive care. This decision was based on evidence presented during hearings conducted by an administrative law judge (ALJ) from the Industrial Commission.
During these hearings, multiple expert witnesses provided testimony regarding Zawada’s condition. Dr. Maninder Kahlon and Dr. Ashley Hart supported Zawada’s claims for continued care, citing her need for vestibular therapy and psychotherapy due to post-traumatic stress disorder (PTSD). However, their opinions were countered by Dr. Barry Hendin and Dr. James Youngjohn, who testified that Zawada was stable with no permanent impairment or need for further treatment.
Despite the conflicting testimonies, the ALJ sided with Drs. Hendin and Youngjohn, leading to the closure of Zawada’s claim in November 2023 without provision for supportive care or acknowledgment of permanent impairment. In response to this decision, Zawada sought administrative review but faced rejection as new evidence submitted after the hearing sessions was not considered valid under ICA rules.
Zawada’s appeal highlights her frustration with what she perceives as bias towards independent medical examiners hired by employers over treating physicians like Dr. Kahlon. She argues that such decisions undermine injured workers’ rights to fair assessments based on comprehensive evaluations rather than selective interpretations favoring insurers’ interests.
In seeking relief from this court ruling affirming closure without additional support measures or recognition of lasting impacts from workplace incidents like hers – particularly those involving violence – Zawada hopes to secure both financial compensation through temporary disability benefits already paid out by Zenith Insurance along with acknowledgment via ongoing therapeutic interventions necessary given persistent health challenges stemming directly from job-related trauma experienced back then.
Representing Catherine Zawada is Afshan Peimani from the Industrial Commission of Arizona in Phoenix; Stephen C Baker represents both American Parking Inc., Respondent Employer & Carrier Zenith Insurance through Jardine Baker Hickman Houston PLLC also located within city limits here too! The case was presided over by Judge Daniel J Kiley alongside Presiding Judge Angela K Paton plus Judge Brian Y Furuya under Case ID No:1 CA-IC25-0010
Source: 1CAIC250010_Zawada_v_The_Industrial_Commission_of_Arizona_Opinion_Court_of_Appeals.pdf