Nicholas C. Whitley

Attorney | Phoenix, AZ

Workers’ Compensation

Bio


Nick Whitley is the newest addition to the Taylor and Associates group of attorneys, practicing exclusively in workers’ compensation, with abundant previous experience helping clients with cases pending in the Court of Appeals and the Arizona Supreme Court. Since 2016, he is admitted to practice in both Arizona and California.

Nick has a unique educational background, graduating magna cum laude from the University of Arizona in 2012 with a Bachelor’s Degree in Business Economics; then earning his Juris Doctorate in 2015, also from the University of Arizona, where he was an Editor of the Arizona Journal of International and Comparative Law; after which, in 2019, he graduated summa cum laude from Arizona State University with a Bachelor’s Degree in Biomedical Engineering.

Born and raised in Arizona, Nick has ties to several communities around the state, including Flagstaff, where he grew up; Tucson, where he attended college and law school at U of A; Tempe, where he attended ASU; and the Phoenix metro area, where he has lived and worked for several years.

Athletics have been a big part of Nick’s life. He remains devoted to his number one passion: soccer. Nick is licensed as a coach by the United States Soccer Federation and he has extensive goalkeeper coaching experience. He continues to assist with the annual Fort Lowell Shootout soccer tournament in Tucson, for which he serves as the Executive Director of Olympics Volunteers.

Supporting Staff


Education


  • B.S. Biomedical Engineering Arizona State University
  • J.D. University of Arizona James E. Rogers College of Law
  • B.S. Business Economics University of Arizona

Accolades and Awards


  • Published Article: “An Examination of the United States and European Union Patent Systems with Respect to Genetic Material” Arizona Journal of International and Comparative Law, Vol. 32, No. 2 http://arizonajournal.org/wp-content/uploads/2015/11/Whitley.Final 2.pdf

Published Opinions


Court of Appeals of Arizona

Aguirre v. Indus. Comm’n of Ariz., 245 Ariz. 587, 432 P.3d 946 (App. 2018) (Affirmed in part).

Arizona Supreme Court

Aguirre v. Indus. Comm’n of Ariz., 247 Ariz. 75, 445 P.3d 1040 (2019).

The Supreme Court set aside an administrative law judge's (ALJ) denial of Gilbert Aguirre's workers' compensation claim for benefits, holding that a claimant does not waive appellate review of the legal sufficiency of findings before the Industrial Commission of Arizona (ICA).
Previously, in Post v. Industrial Commission of Arizona, 160 Ariz. 4, 7-9 (1989), the Supreme Court held that when an ALJ fails to make findings on all material issues necessary to resolve the case, the award is legally deficient and must be set aside.

In this case, after the ALJ denied Aguirre's claim for benefits, Aguirre filed a request for administrative review and in his request, Aguirre did not specifically challenge the ALJ's failure to make specific material findings as required by the case law. At issue on appeal was whether, because Aguirre did not challenge the lack of material findings in his request for review at the ICA, he waived his right to appeal that issue to the higher courts. The Supreme Court held that the ALJ's award was legally deficient and therefore must be set aside regardless of whether Aguirre raised the issue at the administrative level at the ICA.
https://law.justia.com/cases/arizona/supreme-court/2019/cv-19-0001-pr.html