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Standard of Proof in Physical Injury WC Cases

In Arizona, a doctor must testify in a court of law that an injured workers' medical condition is more probably than not related to his or her industrial injury. This is one of the lowest burden of proofs to meet in the legal profession.

For example, this would mean that an orthopedic surgeon in Phoenix would have to say that an injured workers' rotator cuff tear is related to his or her industrial injury at least on a 50.01% basis.

As a Flagstaff injured worker, it is important to know ahead of time whether your doctor will be willing to meet that standard. There are many good physicians in Arizona, but not all of them are great legal witnesses. That is why it is very important to consult with a law firm like ours because we know the most articulate medical witnesses in the state of Arizona. To put it another way, most of the doctors we work with have treated or examined injured workers in the past and have testified in court of law.

The burden of proof is higher on psychological cases which we will discuss in our next blog entry.

Please feel free tocontact Fendon Law Firm with any questions if you live in Phoenix, Tucson, Flagstaff, Prescott, Payson, and any other cities throughout the state of Arizona. We treat our clients like family and look forward to speaking with you.

Categories: Workers' Compensation