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Blog Posts in 2015

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If I am assaulted at work, is that workers' comp?

The answer to that question is most likely "yes". If you are assaulted by a co‑employee it will typically fall under Arizona workers' compensation benefits. There are a few rules that ...
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Fendon Law Firm, P.C. Opens New Flagstaff Office

Fendon Law Firm, P.C. has moved to a new location! In an effort to get closer to our clients within the area, we have chosen a location in the heart of Flagstaff just across the street from the ...
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Why is it so difficult to win a Social Security disability case in Arizona?

The main answer to this question is the lowering of approval rates by Arizona Social Security judges. The approval rates on disability cases in Arizona has plummeted in the last 5 years. The average ...
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What happens when I am at my job for less than 30 days and I'm injured at work?

If you're injured on the job in Arizona, the presumptive period for which your wages should be set for workers' comp benefits is the 30 days before the accident. When you are on workers' ...
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What is the "bunkhouse rule"?

The "bunkhouse rule" says that an employee who is required to live on the employer's premises and who suffers an injury while using those premises in a reasonable manner has an accepted ...
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Non-Posting of Notices Could Mean You Can Sue Your Employer

Employers in Arizona are required to post notice to their employees that the employees have a right to reject workers' compensation insurance coverage prior to an on-the-job accident. Typically, ...
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What Are Remedial Ailments

The Social Security Administration rules say that: "if an impairment can reasonably be remedied by treatment, it cannot serve as a basis for finding of disability." What this means is if you ...
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What is an Independent Medical Examination?

An Independent Medical Examination (IME) is when the workers' compensation insurance carrier sends the Injured Worker to a doctor of the carrier's choice to evaluate his or her condition and ...
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What is Substantial Gainful Activity?

Substantial gainful activity is the ability to earn at least $1,090.00 per month in the open labor market across the United States. If someone's unable to earn that amount of money in 2015 based ...
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If injured while working for a temp agency can I sue the employer that I was loaned out to?

The general rule is "no" you cannot. Essentially, in Arizona workers' comp law, borrowing employers are immune from lawsuits even if their negligence causes the temporary worker's ...
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Am I entitled to travel reimbursement when I have an open Arizona workers' compensation case?

The answer is "yes" as long as you're traveling outside of the jurisdiction where you live. This means that you are forced to drive outside the city you live in to seek other medical ...
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Can I Be Compensated for Disfigurement of My Head, Neck, or Teeth?

Under Arizona workers' compensation law, any permanent disfigurement to an injured worker's face, neck, or teeth is compensated as a scheduled disability. What this means is once a doctor or ...
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What happens if two Arizona insurance carriers are fighting over liability for my claim?

In Arizona, if two workers' compensation insurance carriers are fighting over liability for your claim, you may be able to receive a temporary benefit until an administrative law judge sorts out ...
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What are compassionate allowances (CALs)?

In some circumstances, Social Security will expedite disability claims if a claimant's condition includes one of the compassionate allowances. Essentially, compassionate allowances are very ...
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Secondary Injuries After Accepting a Workers' Compensation Claim in Arizona

If I am injured at home falling down my own stairs after I have an accepted knee injury claim, is it covered under my Arizona Work Comp Claim? Under Arizona law, the answer to this question is most ...
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Effect of Veteran's Administration (VA) Determination of Disability on Social Security Disability Case

Decisions by other governmental agencies in relation to an Arizona claimant's disability status are persuasive but not binding on Social Security judges (ALJs). What this means is even if a Social ...
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Arizona Injured Workers' Duty to Look for Work

What does an Arizona injured worker have to fulfill to meet the "good-faith effort" requirements? Meet with an experienced attorney to understand what is required of you while on light-duty ...
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Matt Fendon Recognized as 2015 Rising Star by Super Lawyers

Having worked in the workers' compensation industry since 2001, it is safe to say that Attorney Matt Fendon knows a thing or two about delivering high-quality legal representation. It is because ...
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Do Workers' Compensation Benefits Offset Social Security benefits?

In Arizona, Social Security Disability is typically reduced by the extent that the claimant's disability benefits and workers' compensation benefits exceed 80% of the average current earnings. ...
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Vocational Experts in Social Security Hearings

In a typical Arizona Social Security hearing, an administrative law judge (ALJ) will have a vocational expert present in the hearing room. It is required that the ALJ provide the Social Security ...
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Opting Out of Arizona Workers' Compensation?

Recently, the legislature in Tennessee considered allowing large employers to "opt- out" of the state workers' compensation system. Opting out means essentially that larger employers ...
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"I Am Scheduled for an Independent Medical Examination on My Arizona Workers' Comp Case, Can I Record the Doctor?"

The answer to this question is "yes". Based on a case from 1990 called Burton v. Industrial Commission, Arizona injured workers can tape record Independent Medical Examiners. Arizona injured ...
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Discovery in a Workers' Compensation Case

Discovery is the initial part of the legal process in an Arizona workers' compensation case. Initially, a request for hearing will be filed by either the injured worker or the insurance carrier. ...
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Transferability of Skills and Your Social Security Case

To be found disabled, a person must have a severe physical and mental impairment, and that must preclude them from not being able to do their previous work, and it must preclude them from engaging in ...
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What happens in an initial hearing at the Industrial Commission of Arizona?

When an Arizona injured worker attorney requests a hearing at the Industrial Commission of Arizona, within 2 to 3 months a hearing is usually set. An Administrative Law Judge is assigned to the file ...
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