Have you ever wondered what your lawyer or your friend or that person down at the commission means when they tell you that you need to "file a J" or file a hearing request under "1061(J)"?
This terminology refers to the specific portion of the law that allows you to ask for a hearing. The law can be found at ARS § 21-1061(J). The difference between a "J" hearing request and a regular request for hearing is that the purpose of the hearing request is to protest something other than a Notice of Award or Notice of Claim Status. With a "J" hearing request, you are not responding to something that has been sent to you or something that has already been decided.
You can file a "J" hearing request related to any benefit that you are not receiving but which you are entitled to. Examples of some issues that may prompt the filing of a hearing request under 1061(J) include: failure to pay medical bills after the claim has been accepted, failure to pay compensation that is owed, failure to authorize a diagnostic study that your treating physician has requested as necessary, etc. You have to make sure that you have a specific provable reason to file the hearing request. Although there is a form that can be filled out to request a "J," keep in mind that your reasoning may need to take up more space than is provided in order to make it sufficiently specific. You may also have to include the relevant dates and reports.
After receiving your "J" hearing request, the Industrial Commission of Arizona will as the opposing party, usually the carrier, to respond within 10 days. If there is no agreement on the issue, the matter will be set for a hearing. Once a "J" hearing is scheduled, it follows the same procedure as a regular hearing.
If you think you need to file a "J" request hearing, you should contact an attorney. In order to get them scheduled, they have to be sufficiently specific and ultimately you may end up having a full blown hearing in front of an Administrative Law Judge. Call Fendon Law Firm to discuss your case. We treat you like family because we are family.