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Blog Posts in 2011

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Unexplained Falls

The Arizona Court of Appeals recently weighed in again on the "unexplained falls" doctrine under worker's compensation. In a nutshell, where the cause is unknown or cannot be attributed ...
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Insurance companies hate paying claims!

Folks, insurance companies will do whatever they can to refrain from paying on a claim. They love taking the premiums, but when it is time to pay up, forget it. Read this article and let us know if ...
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Are Disability benefits taxable?

Here's an interesting article about taxation of disability and worker's comp benefits. Let us know if you have any questions about this. It's very short and I highly recommend a quick ...
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Tip of the Day: Recreational activities

WC Tip of the Day -- Recreational activities (e.g., office picnics, office party, sports team, etc.) can be within the course and scope of employment. If the activity is on company property, during ...
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Harkins and ADA

hat do you folks think of this? Should movie theaters have to install equipment so that hearing and sight impaired individuals can enjoy the movies? ...
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Court of Appeals

WC Tip of the Day - If you litigate an issue at the Industrial Commission of Arizona and lose. You can file a petition for special action with the court of appeals. However, the court of appeals will ...
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How the defense side deciphers WC fraud cases

Every now and then it's interesting to see how the other side thinks. This article is defense oriented and talks about how they decipher worker's comp fraud cases. Check it out: ...
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SS Tip of the Day

SS Disability tip of the day - There is a 5 month waiting period before SS Disability benefits begin. Are you officially confused? To break it down - if you file for benefits in December 2010, ...
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Independent Medical Exams

WC tip of the day - As an injured worker, if you are scheduled for an independent medical examination by the insurance carrier, you better attend. Multiple things can happen if you miss one of these ...
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SSI cases

Social Security tip of the day - Social Security Supplemental Income (SSI) cases are needs based. Meaning, this is the fallback program if a claimant has not paid enough into the SS system. However, ...
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Mental Only Cases

WC tip of the day - You can file an industrial injury claim for a mental only case but they are very difficult because in AZ you must prove the stress causing the condition is work-related and ...
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The Personal Comfort Doctrine

WC Tip of the Day - Did you know if you are injured while eating lunch, sleeping, making a personal phone call during the lunch break, smoking, and using the restroom you will still be considered ...
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Independent Contractors

WC Tip of the Day -- Independent contractors (IC) are excluded from coverage under the worker's comp act. The courts use a test in AZ called the "right to control" test to establish ...
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Employer liability for out of town employees

Employers are not automatically liable for the actions of their employees while on out of town assignments: http://www.azcentral.com/business/abg/articles/2011/09/15/20110915abg-fischer0915.html
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Education and SS Disability

Social Security tip of the day - believe it or not, education has little impact on whether a Social Security disability claim is approved. The only exception being illiteracy. Illiteracy can have a ...
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Reopening your WC case

WC tip of the day -- once your worker's comp claim is accepted in Arizona, it can be reopened until the day you die. You just have to show a change in your condition since the closure of your ...
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SS Disability

Disability tip of the day -- alcoholism and drug addiction may not be considered disabling impairments by the Social Sec Admin. However, alcoholics and drug addicts may be found disabled for some ...
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Going and Coming Rule

Here's your Monday Morning Worker's Comp Tip -- If you are traveling to or from work and are injured, the general rule is that your employer is not responsible for the injuries. There are ...
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Medicare 101

Here's Medicare 101: Part A is Hospital Insurance, Part B is "supplemental medicare insurance benefits" (this includes coverage for office visits, etc) and Part D, which was passed under ...
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Statutory Employer Doctrine

CONSTRUCTION WORKERS TAKE NOTICE!! Even if you're a subcontractor or work for a subcontractor, you may be able to establish a compensable worker's comp claim against the general contractor ...
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Social Security Disability is broken!

Here's bad news for Monday. Social Security Disability could be drained by 2017. Applications are up by 700,000 since 2008!! ...
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Idiopathic falls

Idiopathic Falls - if someone has a heart attack, seizure, or fainting spell while at work, and is injured, the only way that injury is covered under worker's comp is if the employment aggravated ...
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SS Disability Waiting Period

There is a five-month waiting period for Social Security Disability benefits. That is, if someone is deemed disabled in January, they would have to wait until June for the benefits to kick in. This ...
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Bunkhouse Rule

The "bunkhouse rule" applies when you as an employee live on your work's premises. If you meet the requirements of the rule, and are injured in any way, you most likely will be eligible ...
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Expedited SS hearings

If you've applied for Social Security Disability benefits, been denied twice, and have requested a hearing, you may qualify for an expedited hearing if any of the following apply: your illness is ...
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